Judgment

Arijit Pasayat, J.—This appeal has been filed questioning correctness of the judgment rendered by a Division Bench of the Calcutta High Court directing acquittal of the respondent No. 1 (hereinafter referred to as the ‘accused’). The Additional Sessions Judge, 3rd Court, Midnapore, had found the accused guilty of offence punishable under Sections 302 and 307 of the Indian Penal Code, 1860 (for short the ‘IPC’) and also Section 25 of the Arms Act, 1959 (for short the ‘Arms Act’). Sentence of imprisonment for life, 7 years and one year respectively was awarded. Originally 5 accused persons were there, and each was charged for the commission of offence punishable under Sections 302, 307 read with Section 34, and 447 IPC. One Golok Pal died before charge sheet was filed. Similarly accused Narendera Patra died during trial and three persons namely accused appellant Phani, Niranjan Pal and Swaran Dutta faced trial. The trial Court found accused Niranjan Pal and Swaran Dutta to be not guilty. It was only the accused-respondent No. 1 who was found guilty and convicted as aforesaid.

2. Accusations which led to trial of the accused is as follows :

Information was lodged at the Binpu