- (1.) The present appeal is directed against the judgment of conviction and sentence dated 17th September, 1998, passed by learned Additional Sessions Judge, Birbhum at Rampurhat in Sessions Trial No. 3 of 1997 corresponding to Sessions Case No. 16 of 1997 sentencing thereby each of the two accused persons, namely, Golam Gous alias Mulu and Chand Mahammad alias Amir Chand to suffer imprisonment for life and to pay fine of Rs. 1000/- each in default to suffer simple imprisonment for one year under Section 302 read with Section 34 and 326 IPC.
(2.) The prosecution case, in short, may be delineated as follows: On 9th January, 1997 at about 5.50 p.m. one Allarekha (P.W.1) lodged an FIR with Rampurhat Police Station alleging, inter alia, that on the said date at about 2.30 p.m. while his nephew Ali Mahhammad was returning from Rampurhat to his house at Pathra and when he reached Ronguipur Haldi kandor Bridge, accused Golam Gous who was concealing himself in the nearest sugarcane field suddenly came out and hurled bombs aiming at Ali Mahammad and thus Ali Mahammad sustained bleeding injuries on his person and fell on the ground. The other accused Chand Mahammad then and there stabbed seriously injured Ali Mahammad with a bhojali on his back with a view to killing him. It has been alleged that at the sound of explosion of bomb, Yeajul Haque (P.W.5), Nayeem Ali (P.W.3), Oli Mahammad (P.W.2) and many others rushed to the place of occurrence but the accused persons fled away. Seriously injured Ali Mahammad told them about the incident Thereafter Ali Mahammad was shifted by a cot from the place of occurrence to Pratappur More wherefrom he was taken to Rampurhat S.D. Hospital by a rickshaw van. Ali Mahammad was, thus, admitted to Rampurhat S.D. Hospital where he succumbed to injuries on the night of the incident i.e. on 9th January, 1997 at about 8.20 p.m.
(3.) On the basis of the FIR (Ext.1) lodged by Allarekha (P.W.1) with Rampurhat Police Station, said Police Station Case No. 4 dated 9th January, 1997 under Sections 326/307/34 IPC and 9B (2) of the Explosives Act was started, but due to demise of seriously injured Ali Mahammad, Section 302 IPC was added. Investigation was taken up by S.I Falguni Majhi (P.W.12) who on completion of investigation submitted charge-sheet under Sections 302/34, 307/34, 326/34 and 9B (2) of Explosives Act read with Section 34 IPC against both the accused persons.;