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2. The fact of the case in a nutshell is that the prosecution case was launched on the strength of a Suo Motu complaint, lodged by the Officer-in-Charge Diamond Harbour Police Station on March 6, 2002 alleging an attack on the police personnel who on secret information constituted a raiding team along with SI Abdul Rahman the officer in charge Usthi P.S with his force, namely

1) C/1359(DAP) Kuddus Mondal C/2152. C/2152 DAP ,Ponchu Ray C/1055 Mohan Mondal C /2203 Sanjeev Banerjee all of Usthi PS, S.I Malay Kumar Mukherjee C/1345 D.A.P Krishna Padam Mandal C /1860 Jayanta Vakil DAD C/1867 Swapan Sardar DAP C/2049 Gopal Das D.A.P all posted at diamond harbour, PS and C/1259, Sunil Biswas C/1394 Amol Biswas C/1876 Tapas Dash C/521 Dhananjay Pal and C/1886 ,Samu Islam all at DAP camp at Dakshin Sherdah went to the house of Anwar Jamadar and arrested 5 miscreants namely , 1) Matal, Jamar @, Zakir HussainJamadar, son of Chhayrab Jamadar , 2 ) Rafiqul Shaikh @ Kulay son of Rahul Amin,3) Bablu Halder.@ Sk Sattar @ Lalua son of Sk. Abdul Qadir 4) Obaidulla Jamadar @ Balu, son of Lt. Najrul Jamadar ,5) Johurul Jamadar. They also recovered arms and ammunition from the arrested persons and while returning they were attacked by 50/60 persons being armed with deadly weapon at Dakshin Seardah who were the sympathiser of the arrested, dacoits tried to snatch those arrested persons from the hands of police and made a chaos. Despite giving warning, they paid no heed and began to open fire, aiming at police and also some of them where hurling bombs as a result, five policeman, including the complainant, O/C Usthi PS injured .The complainant ordered Ukil and Swapan both of DAD to fire one round each from their service rifle number 344 and 361 respectively. The complainant and OC. Usthi PS also opened fire of one round each for saving life of the force and also of the Public in general. The complainant further stated that after the mob retracted, on search one person from the mob found lying with severe injury and was shifted to Diamond Harbour Hospital by the villagers and police personnel where he was declared brought dead with the history of Bomb injury and was identified as Habib Jamdar. At the time of the arrest of the dacoits on February 5, 2002 between 1.45 and 14:30 hours the team also recovered one improvised shorter fire arms loaded with one empty cartridge of .303 bore and two live cartridges from the possession of Rafikul Sk @ Kulay ,6 Rounds of .12 Bore from Bablu Halder Lalula @ Sk Sattar ,6 Round.... ,12 live cartridges from Jahurul Jamadar and 5 live bombs from Obaidullah Jamader @ Babu .They also found some remnants of exploded bombs and two. 303 empty cartridges from the place of occurrence. On the basis of this complaint the Diamond Harbour PS case number 40 dated 6.3.2002, under Sections 147/148/149/353/332/186/326/307IPC and 25/27 Arms act and 4/5 E.S Act started and on completion of investigation submitted the charge sheet against 29 accused persons out of which 22 persons faced the trial. The case against seven accused persons was filed as they absconded. The charges were framed by the court of Additional Session Judge, Fast track 3rd court Diamond Harbour, which was read over to the appellant to which the appellant and other accused pleaded not guilty and claimed to be tried. Accordingly, the trial commenced and the Learned court found the appellant guilty of offences under section 25(1) (a) of Arms Act. Hence this Appeal.

5. The Learned prosecution on the other hand argued that on 6.3.2002 the S.I Basudev Das and his raiding team on the basis of source information went to arrest the notorious dacoits Matal Jamadar and his associates and could arrest 5 dacoits including the appellant and during that time they were attacked by 50/60 sympathiser and associates of those dacoits who tried to kill them and hurled bombs upon them which compelled the S.I to give direction upon the other constable to open fire after which the mob was distracted and then found one injured person who when taken to Diamond harbour hospital was declared as brought dead .The said S.I initially lodged the G.D being G.D.E No. 326 dated 6.3.2002 and after the incident lodged one suo motu complaint against the following accused persons over which Diamond Harbour P.S case no 40 dated 6.3.2002 started and after completion of the investigation the I.O submitted the charge sheet and thereby the trial commenced. The said Basudev Das seized the arms and ammunition from said Matal Jamadar and his associates and those were duly examined by the experts which were duly proved before the trial court. The prosecution witness no 13,22,24 and the I.O himself being the members of the raiding party duly supported the prosecution case and withstand the cross examination strongly . It is further argued that the learned Defence counsel never raised the issue regarding non production of Malkhana Registrar and therefore the prosecution never had the opportunity to explain before the learned trial court on that issue and hence cannot take the said point at this stage. Furthermore the accused person was arrested along with Matal Jamadaar from the same place and due to attack by the mob several police personnel sustained injuries and one Habib Jamader expired due to gunshot injuries. It is further argued that all the accused signed in the seizure list and because of the fact that the seizure list witnesses have turned hostile though admitted their signatures on the said seizure list cannot be the reason to disbelieve the prosecution case . It is further argued that the trial court on perusal of the documentary evidence coupled with the Material exhibits rightly passed the judgement against the appellant and needs no interference.

10. PW 24, Inspector Basudeb Das lodged the complaint to the police station and drew Formal F.I.R. He deposed that as per indication of such source around one video place at Dakshin Seardah in front of the house of Annuar Hossain Jamadar on that day at about 1.45 hours and he held raid with a team of constables and could arrest four notorious dacoit cum killer namely Matal Jamadar @ Jakir Hossain Jamadar (ii) Rafikul Sk @ Kuley S/o (illegible) Amin Sk of Kamalpur (iii) Bablu (torn) sattar @ Lalua S/o Sk Abdul Kader of Kamalpur and (iv) Obaidulla Jamadar @ Babu S/o, late Nazrul Johurul Jamadar S/o late Saburali Jamadar of Dakhin Sheardah .While returning they were attacked by 50 to 60 associates and sympathiser of the arrested dacoits who tried to snatch the accused from the hands of the police accordingly made chaos and despite warning given loudly they paid no heed . Moreover, they also began to open fire aiming police and also a series of bombs were hurled upon them resulting injuries inflicted upon 5 police personnel including the said complainant and under such circumstances he ordered one Jayanata Ukil and Swapan Sardar both of D.A.D to open fire one round each from their service. Subsequently, the mob retracted after that on search one person from the mob was found lying with severe injury and he was shifted to Diamond Harbour Hospital along with some villagers where he was declared brought dead with a history of bomb injury and he was identified as Habib Jamadar S/o late Bhoda Jamadar of Dakshin Seardah. It was narrated in the written complaint that while arresting the dacoits on 06.03.2002 between 1.45 and 14.30 hours recovered some arms and ammunitions from various accused persons which includes 6nos of .12 live cartridges from the present appellant on the basis of which the Diamond Harbour P.S Case No. dated 06.03.2002 under Sections 147/148/149/353/332/186/326/307 IPC, 25/27 Arms Act and 4/5 ES Act started against the other accused persons including the present appellant. After investigation the charge sheet was submitted against them and thereafter on commitment of the case before the Learned Additional Sessions Judge Fast Track Court, Diamond Harbour, the trial started.

P.W 27 Malay Kumar Mukherjee the I.O who was entrusted to investigate Diamond Harbour P.S case no 40 dated 6.3.2002 deposed that he prepared sketch map of the P.O with Index ,examined the available witnesses , arrested the accused and forwarded them to the court of Learned SDJM, Diamond Harbour P.S . He also said 6 nos of shell of .12 bore ammunition was recovered from the possession of the accused Jahirul Jamadar. Those articles were seized in presence of two public witnesses viz Mujjammwel Jamaddar Aand Samsul Jamadar. This investigating officer was also a member of the raiding party and according to him the arms were recovered from the places shown by the P.C accused persons. He could only identify Matal Jamadar and Rafiqul S.k @ Kulay, Salauddin in court. During his cross examination he specifically stated that the signature of the accused from whose possession the seized incriminating materials were recovered did not bear their signatures.