The delay in dispatching the FIR and contradictions in the eyewitnesses' statements were not sufficient to dismiss the prosecution case. The court found the eyewitnesses' testimony to be reliable and convicted the accused under Section 302/34 of the I. P. C.

( 1 ) THE State of West Bengal preferred this appeal challenging an order of acquittal passed by the learned Additional Sessions Judge, 5th court at Barasat in the District of 24-Parganas (N) in connection with Sessions trial No. 9 (9) of 2001 corresponding to Sessions Case No. 13 (12) of 2000. Subsequent to the filing of this appeal by the State of West Bengal, a revisional Application being C. R. R. No. 2263 of 2002 was also filed challenging the order of acquittal and the file of the said revisional application has been placed along with the present criminal appeal and we shall dispose of both the appeal and the revisional application simultaneously.

( 2 ) THE Sessions case in question arose out of Naihati P. S. Case No. 99 dated 16th June, 2000 under Section 302/34 of the I. P. C. and also under sections 25/27 Arms Act. The concerned Naihati P. S. case was started on the basis of a written complaint lodged by the one Sandeep Ghosh alleging inter alia that on 16th June, 2000 at about 4. 50 in the afternoon when he was in his medicine shop situated at R. B. C. Road, Naihati, he noticed Anjan dasgupta and Biswanath Paul to get down from one Maruti Gypsy vehicle near branch office of CPI (M) party and instantaneously four unknown persons came there riding on two bicycles and under instruction of Anjan Dasgupta and Biswanath Paul one person from those four persons shot at Debal Ghosh who was inside the said party office. After the shooting at Debal Ghosh those four persons leaving behind their bicycles boarded on the standing maruti vehicle and the vehicle hurriedly proceeded towards Garifa. It was also disclosed in the complaint of Sandeep Ghosh that Sintu @ Saroj Roy was also found in the said Maruti vehicle along with some others and Bhola kundu was owner of one of the bicycles which was left on the spot by the miscreants.

( 3 ) DEBAL Ghosh was immediately taken to a nearby Nursing Home where he was pronounced dead.

( 4 ) ON receipt of the information regarding murder of Debal Ghosh who was an active and prominent member of CPI (M) party, officers of the Naihati p. S. along with other senior police officers rushed to the spot and since there was a violent agitation of the local people over murder of Debal Ghosh, after bringing the situation under control, officers-in-charge of Naihati P. S. himself initiated the investigation on receipt of the written complaint.

( 5 ) AN inquest over the dead body of Debal Ghosh was held and subsequently arrangement was also made for holding post mortem examination. Attempt was made to apprehend the persons named in the fir, but without any result.

( 6 ) IN course of investigation available witnesses were examined including some people of the locality who had the occasion to see the suspects at the place of occurrence and after arrest of Anjan Dasgupta at the first instance and after the arrest of other suspects, statement of some of the witnesses was recorded by the learned Magistrate under Section 164 of the Cr. P. C.

( 7 ) AFTER completion of investigation and with collection of necessary materials, charge-sheet was submitted against Anjan Dasgupta, Bhola kundu, Sintu @ Saroj Roy and Biswanath Paul under Section 302/34 of the i. P. C. and against Basudev Paul under Section 212 of the I. P. C.

( 8 ) ALL the five accused persons facing the trial denied the prosecution charge and prosecution side to substantiate its case examined 31 witnesses including the FIR maker, some eyewitnesses of the locality, scribe of the fir, doctors who issued death certificate and conducted post mortem examination, some witnesses regarding seizure of bicycles and Maruti Gypsy vehicle, police officer who arrested Anjan Dasgupta from Falakata and the investigating officer.

( 9 ) THE prosecution side during trial also placed the written complaint, inquest report, post mortem report, different seizure lists for consideration of the trial Court.

( 10 ) THE learned Additional Sessions J