- (1.) Delay condoned. Leave granted.
(2.) These appeals arise out of the common judgment dated 24.09.2012 passed by the High Court of Calcutta dismissing Criminal Appeal No.544 of 2004 filed by the appellants and thereby affirming the conviction of the appellants under Section 302 read with Section 34 IPC and sentence of life imprisonment and a fine of rupees five thousand imposed on each of them.
(3.) Briefly stated case of the prosecution is that on 13.01.2002 at about 08.30 p.m., complainant-PW1-Gora Das was having tea alongwith some of his friends at the shop of one Bablu Pal-PW5 at Shakherbazar. Sandipan Majumdar- PW6 sitting on his motorcycle was also having tea in front of tea stall of PW-5. At that time, the appellants came in a body to the place of occurrence. At first, appellant-Sudip Kumar Sen @ Biltu (A-3) abused the deceased-Saikat Saha and asked him as to why he did not meet Jishu da in the court as he was asked to do so at several occasions. Appellant-Apu Chatterjee @ Soumitra (A-6) said that if the men of Khoka were not killed then there would be no peace. On such exhortation, appellants-Tapas Das @ Bhambal (A-2) and Sankar Das @ Bhai (A-4) caught hold of Saikat Saha- deceased and appellants Goutam Ghosh (A-1) and Sk. Kochi @ Sk. Mobarak (A- 5) fired at him and Saikat Saha sustained two gunshot injuries in the right chest. Gora Das-PW1 and Sandipan Majumdar-PW6 had immediately taken injured Saikat Saha to Calcutta Medical Research Institute. Dr. Debasish Pal-PW9 examined Saikat Saha and declared that he was brought dead and issued Injury Report (Ex.4) and Death Certificate (Ex-P4/1).;