- (1.)THESE appeals are directed against a judgment dated 16th June 2003 and an order dated 17th June 2003 passed by the learned Additional Sessions Judge, 5th Court, midnapur, in Sessions Trial No. XLI of March 2000 convicting the appellants under sections 148, 302 IPC read with sections 149 and 114 thereof and under sections 25 and 27 of the Arms Act as more fully described hereafter.
(2.)THE facts and circumstances of the case briefly stated are as follows:-
Narayan Choubey was an M. L. A. for a continuous period of 15 years, elected from Kharagpur Constituency, in the Legislative Assembly of the State of West Bengal. He was a member of the Parliament, elected from Midnapur constituency, for 10 years. He had two sons namely Manas choubey and Gautam Choubey. His only daughter is Kakali behera, wife of Dr. Sanatan Behera. Shrimati Hema choubey is the daughter-in-law of the said Narayan choubey. Six several criminal cases mostly for rioting were pending against Manas. On 27th June 1999 at about 11 A. M. Manas was shot dead. He suffered as many as eight bullet injuries. Three bullets were extracted from his dead body during postmortem examination. One Swapan saha (P. W. 2), aged about 39 years, also suffered a gun shot injury on his right hand. After the police had filed a charge sheet, an application was made on 20th november 2000 by the prosecution seeking to examine gautam Choubey, Debasis Chowdhury and Kakali Behera as and by way of additional witnesses which was granted by the Trial Court. The order was challenged in the High court on behalf of the defence. The challenge was, however, ultimately rejected by an order dated 12th february 2001. On 11th September 2001 Goutam Choubey, one of the witnesses sought to be examined as an additional witness was murdered. We are told that the persons accused for the murder of Gautam are by and large the same as those accused for the murder of Manas. Debasis Chowdhury, a local Councilor of Kharagpur municipality, was ultimately examined as P. W. 12. Shrimati Kakali Behera, a sister of the deceased Manas choubey was examined as P. W. 9.

(3.)NINE accused persons namely 1)K. Siva @ Shiba, 2)Sunil Sharma, 3)Ranjit Ghosh, 4)K. Chinna, 5)B. Ramesh, 6)Manoj @ Suresh Singh, 7)K. Gopirao, 8)H. N. Pandey and 9)Babu Rao @ Ray were charged under sections 148, 302 read with section 149 alternatively section 34 IPC, section 326 read with section 149 IPC and section 307 read with section 149 IPC. Further two accused persons namely Rakesh Kr. Sinha and R. Manohar Rao were similarly charged. The accused K. Chinna, Suresh Singh and B. Ramesh were charged additionally under sections 25 and 27 of the Arms Act. Accused B. Rambabu was charged under section 302 read with section 120b IPC as also under section 114 and 302 IPC. Out of the 12 accused persons ranjit Ghosh, B. Ramesh and K. Gopirao absconded after framing of charge. Accused R. Mohan Rao was acquitted. Seven accused persons namely K. Siva @ Shiba, Sunil sharma, K. Chinna, Manoj @ Suresh Singh, H. N. Pandey, babu Rao @ Ray, Rakesh @ Rajib Sinha were held guilty of the charges under sections148, 302 IPC read with section 149 thereof. Accused K. Chinna and Suresh @ Manoj Singh were also held guilty of the charge under sections 25/27 of the Arms Act. Accused B. Rambabu was held guilty of the charge under sections 148, 302 IPC read with section 149 and 114 thereof. All the accused persons were acquitted of the charge under sections 326 and 307 of the ipc. All the convicts except for B. Rambabu were sentenced to suffer rigorous imprisonment for two years for the offence punishable under section 148 of the IPC and further sentenced to suffer life imprisonment as also to pay fine of Rs. 5000/- each, in default to suffer rigorous imprisonment for further two years for the offence punishable under section 302 IPC read with section 149 thereof. All the sentences were directed to run concurrently. The convict B. Rambabu was similarly sentenced to suffer rigorous imprisonment for two years for the offence punishable under section 148 of the IPC. He was further sentenced to suffer life imprisonment and to pay a fine of Rs. 5000/-, in default to suffer rigorous imprisonment for further two years for the offence punishable under section 302 of the IPC read with sections 149 and 114 IPC. Both the sentences were directed to run concurrently. The convicts K. Chinna and manoj @ Suresh Singh were also sentenced to suffer rigorous imprisonment for one year for the offence punishable under section 25 of the Arms Act and were also sentenced to suffer rigorous imprisonment for further five years for the offence punishable under section 27 of the Arms Act in addition to the sentence for offences punishable under section 148, 302 IPC read with section 149 IPC. All the sentences were directed to run concurrently.