J. N. Hore, J. - (1.) For committing murder of Syed Ali, appellant Bejoy Ghosh was convicted by the learned Additional Sessions Judge, Midnapore and sentenced to suffer life imprisonment and also pay a fine of Rs. 1,000/-in default, rigorous imprisonment for 1 year. The entire amount of fine, if realised, was ordered to be paid to the legal representatives of the deceased Syed Ali Shah. The appellant seeks to assail the said order of conviction and sentence in this appeal.
(2.) Briefly stated, the prosecution case was as under : On 10. 11. 78 corresponding to 23rd Kartick 1385 B.S. at about 8.00 A.M. Syed Ali Shah (the deceased) and his cousin P.W. 1 Sk. Nasiruddin, both of village Jahanpur, were proceeding to Matihana to purchase cattle. Syed was ahead of P.W. 1. When they reached near an Arahar field at Panua, all on a sudden appellant Bejoy Ghosh and many others armed with guns and other deadly weapons came out of the said Arahar field and appellant Bejoy Ghosh fired a shot from his gun at Syed. Syed fell on the ground and died instantaneously as a result of gun shot injury which smashed his head. P.W. 1 became frightened and ran for his life. At that time some people including P.W. 2 Vivekananda Das, P.W. 3 Hrishikesh Singh, P.W. 4 Adilya Kumar Das, P.W. 5 Vikari Dandabate, P.W. 6 Gobardhan Bag, P.W. 7 Kedar Khamri, P.W. 8 Manmatba Dandabate were harvesting paddy on a piece of land appertaining to plot no. 819 of Mouza Mahapal. P.W. 6 Gobardhan, P.W. 7 Kedar and P.W. 8 Manmatha also received gun shot injuries.
(3.) The injured persons were taken to Tapsia Primary Health Centre for treatment. P.Ws. 7 and 8 were subsequently removed to Jhargram Sub-Divisional Hospital for further treatment.;