AFROZ KHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgement and order dated 18th December, 2004 and 17th September, 2004 passed by the learned Additional Sessions Judge, 3rd Court at Suri , Birbhum in Sessions Trial No.6 of July 2004( S. C. Case No.46 of 2004) convicting the appellant for commission of offence punishable under Section 307 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 10 years and to pay fine of Rs.8000/- in default to undergo rigorous imprisonment for two years.

(2.) Prosecution case, as alleged, against the appellant and other accused persons is to the effect that on 29.8.2003 at about 8.00 A.M. Hriday Nayek and Haradhan Mondal accompanied the victim Sadananda Nayek to Patharkuchi Gitabhaban Bus stand so that Sadananda Nayek may go to Bahula to join his duty at Bahula Colliery Hospital under E.C.L. They reached the bus stand in a motor cycle. Sadananda Nayek was about to board the bus when a person fired at him from a small gun causing severe bleeding injury on his right lower back. As a result, Sadananda Nayek fell down on the foot board of the said bus. Immediately, thereafter, another person hurled a bomb aiming at Sadananda Nayek but it did not burst. The said person tried to hurl another bomb but was resisted by Haradhan Mondal. A bomb in the bag of the said miscreant burst and consequentially Haradhan Mondal as well as the said miscreant sustained bleeding injuries. Another miscreant came in a motor cycle and all of them left the spot on the said motor cycle. Sadananda Nayek and Haradhan Mondal were taken to Suri Sadar Hospital for treatment. Accused Motai Khan, Barkat Ali and one Situ were said to be the assailants. Over the incident, Hriday Nayek, son of Sadananda Nayek lodged a written complaint resulting in registration of Khayrasole P. S. Case No.32 of 2003 dated 29.8.2003 under Sections 326/307/34 of the Indian Penal Code, Sections 25/27 of the Arms Act and Section 9-B(II) of the I. E. Act. In conclusion of investigation, charge sheet was filed under Sections 326/323/307/34/120B of the Indian Penal Code, Sections 25/35 of the Arms Act and Section 9-B(II) of the I. E. Act and the case was committed to the Court of Sessions and transferred to the Court of the Additional Sessions Judge, 3rd Court, Suri Birbhum for trial and disposal.

(3.) Charges were framed against the appellant and eight other accused persons under section 148, 149, 326, 307 IPC. Charge was also framed under section 120 B IPC against the accused persons except the appellant and one Binod Chandra Biswas. The accused persons pleaded not guilty and claimed to be tried. In the course of trial, the prosecution examined 17 witnesses to establish its case and exhibited a number of documents. The defence of the appellants were one of innocence and false implication. In conclusion of trial, the trial judge by judgment and order dated 18.12.2004 convicted and sentenced the appellant as aforesaid. On the other hand, other accused persons were acquitted of charges levelled against them.