Conviction upheld for murder based on reliable eyewitness testimony, establishing collective intent under IPC sections, while addressing proper charge framing and witness credibility.

JUDGMENT :

Rajasekhar Mantha, J.

THE APPEAL

1. The instant appeal is directed against judgment and order of conviction dated 25th July, 2016 and 26th July, 2016 respectively, passed by the Additional Sessions Judge, Fast Track, 2nd Court, Barrackpore, North 24 Parganas, in Sessions Trial No. 1(5) of 2013 arising out of Sessions Case No. 472 of 2012. The accused/appellants were convicted under Sections 302 and 34 of the IPC, as also under Sections 25 (1A) & 27 (2) of the Arms Act, 1959.

THE PROSECUTION CASE

2. The prosecution case is that on 16^th July, 2012, the victim, Prosenjit Roy @ Rintu, while travelling on a motorcycle alone at about 06:15 am, was chased by Tinku Naskar @ Poka, Surajit Das @ Narkel and Subrata Roy on another motorcycle in a place called Kalitala, under Airport Police Station in Lake Town Area.

3. The riders of the two motorcycles hit a bump and fell down. The victim, Prosenjit Roy, started running towards the northern side of the road leading to a vacant land. The aforesaid three accused persons were carrying 9mm regular and improvised pistols, and shot the victim repeatedly on the back of his head and the back of his abdomen. More shots were fired at the chest and stomach of the victim after the accused collapsed on the road. The victim died on spot. The aforesaid three accused persons thereafter climbed onto the motorcycle and fled towards the southern side of the road towards Bablatala. The incident occurred in front of Kali Park United Club, opposite the house of Ambar Nath Dutta, PW 6 and beside the house of Satrajit Sen, PW 7.

4. The eyewitnesses to the incident were PW 10 Ahmed Ali @ Teni, an auto-rickshaw driver and PW 11 Md. Iqbal, a mason. The police arrived upon being informed, immediately after the incident. A formal complaint was lodged by the wife of the deceased, Rakhi Roy (PW1), with the Airport Police Station.

5. Inquest was conducted by PW 22 Subhasish Ghosh. The victim was identified by PW1. PW 22 found the deceased had sustained bullet injuries on the right side of his stomach, on the left side of his head, on the back side of the left ear and on his back. The wearing apparel of the victim, cartridges, a bullet head, a money bag and 2 mobile phones were seized in the presence of 4 witnesses, including the wife and sister of the deceased. The body was sent for post-mortem to R.G. Kar Hospital. The inquest officer was also the investigating officer.

6. From the place of occurrence, three empty cartridges were seized along with one bullet. The post-mortem report found 4 bullet injuries on the body of the victim. The PM doctor found that the death was due to the effect of gunshot injuries, ante mortem and homicidal in nature.

7. The seized bullets, cartridges, and weapons were sent for ballistics. After completion of the investigation charge sheet was submitted against Tinku Naskar @ Poka, Surajit Das @ Narkel, Debajoti Ghosh @ Babai, Surajit Das @ Gourango, Sanjay Kumar Singh @ Pandit and Subrata Roy.

THE TRIAL AND THE EVIDENCE THAT HAS COME ON RECORD

8. Charges were framed by the Sessions Court both under Sections 302 & 34, Section 120 B of the IPC against all accused and under Section 25 (1A) and 27(3) of the Arms Act against the three accused Poka, Narkel and Subrata.

9. PW 1 was Rakhi Roy. She was the complainant who wrote the complaint in her handwriting, and she identified the same. She deposed that her husband left home for work, to a water pump in Teghoria, at around 6 am. She received a phone call about the incident from the locals of Kali Park at about 7:15 am. She identified her husband's motorcycle and registration number. She confirmed the inquest was done in her presence and put her signature on the said report.

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