The prosecution must prove its case beyond all reasonable doubts, and the court must carefully consider the credibility of evidence and the causative link between the accused and the alleged incident.

JUDGMENT :

BIBHAS RANJAN DE, J.

1. Appellant/convict was found guilty of committing offence under Section 394 of the Indian Penal Code (for short IPC) read with Section 25(1)(B) (a) of the Arms Act and was sentenced to suffer rigorous imprisonment for 7 (seven) years with fine of Rs. 10,000/- in default to suffer further imprisonment for another 6 (six) months and also was sentenced to suffer rigorous imprisonment for 1 (one) year with fine of Rs. 5,000/- in default to suffer further imprisonment for another 3(three) months for the offence punishable under Section 25(1)(B) (a) of the Arms Act, in connection with Sessions Case No. 04 of 2020 (Sessions Trial no. 05 of 2020) passed by Ld. Additional Sessions Judge, 5th Court, Malda.

2. Being aggrieved by and dissatisfied with the order the instant appeal has been preferred.

Facts in brief:

3. The genesis of the whole proceedings in connection with the instant appeal is a written complaint made on 30.08.2019 by one Bhabatosh Biswas (PW-1) to the Inspector-in-Charge of Malda Police Station alleging inter alia that the complainant along with his wife and two sons went to house of a relative on occasion of Kali Puja at about 8 p.m. on 29.08.2019. His younger son namely Susbhasish (PW-7) after having Prasad returned to his house riding on the motor cycle of his uncle. Upon reaching, his uncle proceeded to his own house. Subhasish entered into his house at about 11 p.m. At about 11.30 p.m. someone rang the door bell. Subhasish upon hearing the bell opened the door, guessing that his elder brother Bhaskar (PW-5) has returned. But, soon after opening the door he met with an unknown person having the face covered with a red cloth. At gun point the accused threatened Subhasish and proceeded further inside the house to open the almirah. In the meantime, Bhaskar returned and when he entered the house he saw his younger brother was at gun point. When he proceeded ahead the accused fired and the bullet piecered through the jaw of Bhaskar. Upon hearing the sound of the shot three friends (PW-2, PW-9 & PW-13) of Bhaskar who were waiting outside his house along with some villagers rushed inside the house and caught hold of the miscreants. When the face of the miscreant was uncovered he was recognized and identified as Sanatan Halder/ Convict.

4. Getting information about the whole incident personnel of Malda Police Station rushed there and seized the fire arm along with bullets from the possession of miscreant.

5. Upon receipt of the written complaint case was registered as Malda Police Station Case no. 560/19 dated 30.08.2019 under Section 394 & 397 of the IPC read with Section 25(1) (a) & 27 of the Arms Act and investigation was started. Upon completion of investigation charge sheet was submitted against the accused person under Section 394 & 397 of the IPC read with Section 25(1) (a) & 27 of the Arms Act where after cognizance was taken by the jurisdictional Magistrate and thereafter the case was committed to the Court of Sessions. Charges were framed under Section 394/397 of the IPC read with Section 25(1) (a) & 27 of the Arms Act against the appellant to which appellant not guilty and claim to be trial.

6. During trial altogether 16 witnesses were examined namely: