- (1.) The order of conviction and sentence passed by the learned Additional Sessions Judge, Barrackpore in a Sessions trial convicting Dilip Banerjee @ Hatkata Dilip, Anup Bera, Saheb Mondal @ Kartick and Raju Biswas under sections 302/34 of the Indian Penal Code and sentencing them thereunder to suffer imprisonment for life and to pay a fine of Rs. 5,000/- each, in default to suffer simple imprisonment for a further period of one year, is under challenged in the aforesaid four criminal appeals. Since all the aforesaid appeals are arising out of the selfsame judgement and order of conviction and sentence, those appeals are taken up for hearing together and are disposed of by this common judgement.
(2.) In the trial besides the aforesaid four appellants 13 others were charged under section 302/34 of the Indian Penal Code as well as under section 302/ 34/109 of the Indian Penal Code for committing murder of Anil Pramanik and Mithun Sheikh. Five other accuseds were also separately charged under sections 212/ 120B of the Indian Penal Code for harbouring the convict Dilip Banerjee @ Hatkata Dilip knowing that he has committed an offence punishable under section 302 of the Indian Penal Code. The four other accuseds, viz. Tumpa @ Suparna Adhikary @ Laila, Sadhan Das. Om Prakash Singh and Biman Dey, who were charged under section 302/34 of the Indian Penal Code were also charged under section 212 of the Indian Penal Code.
(3.) However, except the aforesaid four apellants all others were acquitted in the trial of all the charges brought against them.;