Bullet was used by country made weapons like revolver.Death was confirmed by severe bullet injuries.All shots were closed contact shots."He opined the death was due to bullet injuries which are ante-mortem and homicidal in nature.He opined injury in the brain was sufficient to cause death in the ordinary course of manner.He proved post-mortem report (Ext.14).P.W. 16, Nihar Kr.Modak held inquest over the dead body and proved the inquest report (Ext.12).P.W.s 19, 20 and 21 are the investigating officers of the case.P.W. 19, Chandidas Karmakar, deposed on 1.2.2005 he was posted as S.I, of Police at Golabari P.S. He received telephonic information that some anti-social throwing bombs at Pilkhana 3rd Lane.He noted such fact in the general diary and proceeded to the spot.At 11:50 hours he arrived at 3rd lane and came to know that some miscreants shot Md. Akram in the saloon of Ichua Thakur.As a result Md. Akram suffered gun shot injuries and was moved to Howrah District Hospital.He went to Howrah District Hospital and came to know Md. Akram had been brought in a dead condition with gun shot injury.He sent the dead body to the police morgue for post-mortem examination.He collected inquest report, death certificate from the investigating officer of the U.D. case.He proved the general diary (Ext.15), 9 the formal F.I.R. (Ext. 16).He prepared rough sketch map with index (Ext.17).He seized one used bullet head, one empty and used percussion cap, blood, hair cuttings from the place of occurrence under a seizure list.He examined all the witnesses.From the statement of the witnesses he came to know the identity of other accused persons, namely, Aftab, Chand, Sk.Noor, Md. Quader and Irfan.He collected post-mortem report.On receipt of order from superior he handed over the case diary to CID, West Bengal.He identified another sketch map (Ext.B).He claimed the subsequent sketch map was prepared by the next investigating officer.P.W. 20, Jitendra Nath Kairi, is the second investigating officer.He was attached to Detective Department, Howrah as Sub-Inspector of Police.After taking charge of investigation he visited the place of occurrence and prepared rough sketch map with index (Ext.B).He seized the taxi and the rickshaw van.He made requisition for FSL examination of blood samples.P.W. 21, Avash Nandi, is the last investigating officer of the case.He concluded the investigation and filed charge-sheet.From the evidence on record it appears that on 01.02.2005 around 11/11:15 a.m. when the victim had gone to the saloon of Ichua Thakur (P.W. 12) to shave his beard, 8/10 persons armed with fire arms and bombs shot at him resulting in his death.P.W. 7 brother of the deceased was proceeding to western side.When he arrived near the saloon of Ichua Thakur he found Ladua, Budhua, Gabbar, Aslam and 5/6 others were coming from western side and entered the saloon of Ichua Thakur.They were armed with revolvers and bombs.Inside the saloon they started firing.Thereafter, they fled away after throwing bombs.When he reached the saloon he found Md. Akram lying with his head at the gate of the saloon with bullet injuries.Md. Akram was shifted to hospital where he was declared dead.Immediately thereafter he went to Golabari Police Station and 10 lodged First Information Report at 12:55 hours naming Budhua, Ladua, Gabbar, Aslam and 5/6 unknown as the miscreants.It is contended that P.W. 7 is not an eye-witness as the correct place from where he had seen the incident is not noted in the sketch map (Ext.17 and Ext.B) prepared during investigation.P.W. 7 has been extensively cross-examined on behalf of the defendants.He has withstood such cross-examination and reading his evidence as a whole, I do not find any infirmity or inconsistency in his deposition to come to a conclusion that he is an untruthful witness.Soon after the incident he lodged the First Information Report and has graphically described the incident therein.All the witnesses have specified that they were near the saloon of Ichua Thakur when they saw the appellant enter the saloon with fire arms.They heard shots being fixed and body of the deceased was found lying at the gate of the saloon.In the backdrop of the aforesaid facts, I have no doubt in my mind that the said witnesses had ample opportunity to see the miscreants enter the saloon and fire at the deceased resulting in gun shot injuries.Deceased was found lying at the gate of the saloon.These circumstances leave no doubt in my mind that the evidence of P.W.s 2, 3, 4 and 7 establishes the prosecution case beyond doubt.These witnesses have been cross-examined with regard to their criminal antecedents.However, none of the criminal cases registered against the said witnesses were related to the appellants.Hence, it cannot be said that the said witnesses had falsely implicated the appellants due to prior grudge or animosity.It 11 has been contended that Manoj Thakur, employee of the saloon of Paresh Thakur @ Ichua who is the best witness has not been examined.His non-examination would draw an adverse inference against the prosecution case.The Bench in the said report, inter alia, held as follows:-Urgent Photostat Certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.I agree.

Relevant sections: Section 302 in The Indian Penal Code; Section 34 in The Indian Penal Code