Uday Umesh Lalit, J. - (1.) This appeal is directed against the Judgment and Order dated 06.06.2006 passed by Calcutta High Court in Criminal Appeal No.255/2000.
(2.) Six persons namely Tarit Kundu, Bishu Sarkar, Sahadeb Sarkar, Sasthi Sarkar, Paresh Sarkar and Sukumar Ghosh were tried in Sessions trial No.18 of 1998 arising out of Raiganj Police Station case No.117 of 1995 for having committed the murder of one Raju Bose on 27.03.1995. All the accused were found guilty by the trial court vide its judgment and order dated 05.08.2000 and sentenced to undergo life imprisonment for the offences under Section 302 read with Section 34 IPC. In Criminal Appeal No.255 of 2000, the High Court acquitted accused Nos.5 and 6 namely Paresh Sarkar and Sukumar Ghose but affirmed the conviction and sentence with respect to other four accused. Special Leave Petition (Criminal) No.5755 of 2006 preferred by accused No.1 Tarit kundu was dismissed by this Court on 01.12.2006. This appeal by other three convicted accused challenges their conviction and sentence as affirmed by the High Court.
(3.) The prosecution principally relies on the testimony of PW 2 Nepal Dey, PW 3 Gopal Dey and PW 5 Kanai Sharma. According to PW2 Nepal Dey, "The occurrence took place on the western side of the National Highway-34. I heard a hue and cry coming from the side of NH 34 when I was fixing up a fencing in my house. As soon as I heard the hue and cry I gave a glance to the place wherefrom there was raising of hue and cry. I saw accd. Tarit Kundu, Sahadeb Sarkar, Sasthi Sarkar, Bishu Sarkar, Sukumar Ghosh and Paresh Sarkar, in all six persons caught hold the collar of shirt of Raju Bose and assaulting him by fist and blows. ........................................................................................Acc d. Sukumar Ghosh and Paresh Sarkar gave the order to kill Raju Bose. Then accd. Sasthi Sarkar, Bishu Sarkar, Sahadeb Sarkar had remained engaged in catching hold of Raju Bose. Accd. Tarit Kundu gave a blow on the back of Raju Bose with the help of a sharp-cutting weapon like 'bhojali'.";