PRABHAT KUMAR DEY, J:

All the four appeals are directed against the judgment and order of conviction and sentence dated 12.03.2007 passed by the learned Additional Sessions Judge, Fast Track Court 1, Alipore, 24 Parganas (South). The appellants, namely, Jishu Jain, Dulal Hazra, Raja Dutta, Tapas Das, Shankar Das and Goutam Ghosh were found guilty of the offence under Section 302 / 120B of the Indian Penal Code.

The appellant, Tapas Das, was also found guilty for the offence under Section 25 (1B) (a) of the Arms Act. The appellants Shankar Das and Goutam Ghosh were also found guilty for the offence under Section 25(1) of the Arms Act.

The facts of the instant case may be briefly stated as follows :

On 7th April, 2002 at about 3.15 / 3.20 P.M. while Mahesh Kumar Agarwal, being the owner of a five storeyed building, namely, “Metro Garden” was inside the office room of Jyoti Construction, three unknown young persons came straightway in front of the office of Jyoti Construction and enquired about the said Mahesh Agarwal from the security guard, named Upendra Kumar Patel of “Metro Garden”. The said security guard asked them to wait for some time as his master, Mahesh Agarwal, was inside the office room and he was with his customers. Suddenly, one out of them brought out his firearm and entered into the office room forcibly by threatening the security guard pointing his firearm upon the said security guard. At the same time, the other two persons also entered inside the office room with their firearms and fired two rounds aiming Mahesh Agarwal. The said security guard became puzzled for a moment seeing the incident and in the meantime, the said three miscreants came out of the office room hurriedly and fled away. Mahesh Agarwal sustained bullet injury with profuse bleeding on his right ‘thigh’. The said security guard managed to place his master upon a chair outside the office room. In the meantime, some occupants of that building along with local people rushed there hearing the sound of firing. Injured Mahesh Agarwal was immediately removed to Calcutta Medical Research Institute. On 9.4.2002 Mahesh Agarwal succumbed to his injuries at the said hospital.

On the basis of the statement of the security guard, Upendra Patel, New Alipore Police Station case was started under Section 307 / 34 of the Indian Penal Code read with Section 25(1B)(a) / 27 of the Arms Act against the three unknown miscreants and thereafter, Section 302 / 34 of the Indian Penal Code was added.

After completion of investigation, charge sheet was submitted under Section 302 / 120B / 34 of the Indian Penal Code read with Section 25(1B)(a) / 27 / 35 of the Arms Act against the accused Raja Dutta, Dulal Hazra, Tapas Das, Shankar Das, Goutam Ghosh, Sudip Kumar Sen, Apu Chatterjee, Md. Nasir, Jishu Jain and Bapi Nandi showing Bapi Nandi as absconder. The learned Trial Judge framed charge under Section 320 / 389 / 120B /34 of the Indian Penal Code against Jishu Jain, Dulal Hazra, Raja Dutta, Tapas Das, Shankar Das, Goutam Ghosh, Sudip Kumar Sen and Apu Chatterjee and under Section 25(1B)(a) /27 of the Arms Act against Tapas Das, Shankar Das and Goutam Ghosh.

In order to discharge the burden of proving the charges, the prosecution examined as many as 50 witnesses in this case. None was examined on behalf of the defence. The accused persons during their respective examination under Section 313 Cr. P.C. pleaded innocence and denied the allegations made by the witnesses for the prosecution.

The learned Trial Judge after taking into consideration all relevant facts and materials by judgment dated 12.3.2007 found six accused persons, namely, Jishu Jain, Dulal Hazra, Raja Dutta, Tapas Das, Sankar Dasn and Goutam Ghosh guilty and convicted them accordingly under Section 302 / 120B IPC and sentenced them to suffer imprisonment for life and also to pay a fine of Rs.5,000/-each, in default, to suffer imprisonment for six months each. Accused Tapas Das was also found g