Form No. J(1)

IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION APPELLATE SIDE Present:

The Hon’ble JusticeRajasekharMantha &

The Hon’ble Justice Ajay Kumar Gupta C.R.A. 9 of 2004 Biswaranjan Das @ Santu Das &Ors.

Vs.

State of West Bengal With C.R.A. 37 of 2004 Mrityunjay Biswas Vs.

State of West Bengal For the Appellant :Mr. Y.J. Dastoor, Learned Senior Advocate Mr. PrabirMajumder Mr. SnehansuMajumder Mr. DebrajShil Ms. Sangeeta Chakraborty For the State :Mr. Debasish Roy, Ld.P.P.

Ms. Zareen N. Khan Heard on : 4th March, 2025 Judgment on : 7thMarch, 2025 RajasekharMantha, J.

1. The instant appeals are against the judgment and order of conviction dated

19th November, 2003 and 20th November, 2003 passed by the Additional Sessions Judge, 3rd Court, Nadia in Sessions Trial No. 1 of November, 1999 arising out of Sessions Case No. 6 of December, 1996. The appellants were convicted and sentenced to suffer imprisonment for life under Section

302/34, 302 of the Indian Penal Code.

FACTS OF THE CASE

2. The prosecution case in brief is that on the early hours of 28th July, 1993 between 12:45 AM to 01:00 AM, the victim Sachin Mondal, a resident of Sahebnagar village under Dhubulia Police Station, district – Nadia, returned home after fishing at Chari Ganga River. He was tired and fell asleep, on a cot, next to his wife, in the veranda of his pukka house immediately thereafter. The son and daughter of the deceased aged about 22 and 25 years old, were sleeping in the room of their house.

3. At about 1:30 AM, 5 to 6 persons of whom the appellant no. 1 and one Mritunjoy Biswas along with others came into the house of the victim.The appellant no. 1 shot the victim with a fire arm. The bullet went through from the right axillary region side below the armpit, at nipple level and exited through the left axillary region. According to the complaint, the exiting bullet from the body of the victim injured the wife of the deceased (PW 1), on her arm.

4. The said assailants including the appellant no. 1 ran away from the house of the deceased into a nearby bamboo grove. Upon hearing the sound of the firearm, SrishtidharMondal (PW 7), BadalMondal (PW 4), NemaiMondal (PW 5), SadhanMondal (PW 6), neighbours of the complainant, woke up and came out of their house. They saw the accused assailants fleeing away from the house of the deceased with the help of torch lights flashed by PW-7. The deceased was a member of the CPI(M) party and the President of a local body of farmers (Krisak Sabha) at Sadhan Para Anchal. The complainant further stated that the appellant no. 4, belonging to the rival Congress party had threatened the deceased many times. Nocomplaints against the appellants have ever been filed by the victim or the PW-1 before the police in that regard. No other prosecution witness has corroborated any such threats.

5. The next morning at 8 AM, the complainant reached the Dhubulia Police Station on a bicycle along with SrishtidharMondal (PW 7) and others and submitted the complaint. The Dhubulia PS registered FIR No. 63 of 1993 dated 28th July, 1993. The Police arrived at the village and conducted inquest on the body. The Police seized blood-stained pillow, blanket, the cot, a mosquito net and an empty cartridge from the place of occurance.

6. After conducting the inquest, on which NemaiMondal (PW 5) signed as a witness, the body was sent for post-mortem. The post-mortem doctor found the following injuries on the body of the victim.

1) One perforated wound on chest wall at right infra axillary region at the level of nipple about 1”x1/2” with multiple puncted burn injuries around the wound covering a 5”radius suggesting wound of entry of gunshot injury.

2) Another perforating wound on posterior end of left axillary shout 1”x1”

with no surrounding burn suggesting the wound of exit.

3) Stomach contents blackish colouredhalf digested rice about 4 ounce with no smell.

4) Death in my opinion was due to perforating wound of the heart caused by gunshot injury which wa