Form No. J(1)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL APPELLATE JURISDICTION

APPELLATE SIDE

Present:

The Hon’ble Justice Rajasekhar Mantha

And

The Hon’ble Justice Ajay Kumar Gupta

CRA No. 519 of 2016

With

CRAN 2 of 2025

Surajit Das @ Narkel @ Surojit Das &Anr.

Versus

The State of West Bengal

With

CRA No. 608 of 2016

With

CRAN 1 of 2025

Tinku Naskar @ Poka

Versus

The State of West Bengal

For the Appellants : Mr. Sudipta Moitra, Sr. Adv.

Mr. Angshuman Chakraborty, Adv.

Mr. S. S. Sahu, Adv.

Mr. Saikat Ghosh, Adv.

For the State : Mr. Rana Mukherjee, Ld. A.P.P.

Mr. Sharequl Haque, Adv.

Hearing concluded on : 12th August, 2025 Judgment on : 18^th August, 2025

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, Prosenj