- (1.) In a sessions trial held before the Learned Additional Sessions Judge, Bongaon, the appellants being convicted under Sections 302/34 as well as under Sections 324/34 of the Indian Penal code and thereunder sentenced to suffer imprisonment for life and rigorous imprisonment for one year respectively and to pay fine with default clause, have preferred this appeal.
(2.) The prosecution case in a nutshell run as follows :- On March 27, 2006 at about 21 hours while the deceased Khagen Mondal was sitting in the Verandah of his house with his co-villagers, viz., Joydeb Goldar, Monimala Goldar, Tapasi Goldar and his wife Sumitra Mondal, the appellant in a body came there and started indiscriminately hurling bombs towards them. During such indiscriminate hurling of bombs, one bomb hit Khagen Mondal and his head was blown out and Khagen died instantaneously at the spot, while two others, viz., Monimala Goldar and her daughter Tapasi Goldar, also received bomb burst injuries.
(3.) Following the aforesaid incident the wife of the deceased Sumitra Mondal lodged a FIR with the Gopalnagar Police Station. Whereupon a case under Sections 302/34 of the Indian Penal Code and under Section 9B of the Indian Explosives Act was registered. After completion of investigation the police submitted charge-sheet under Sections 302/326/34 of the Indian Penal Code and under Section 9 (B) of the Indian Explosives Act. Subsequently the appellants were placed on trial before the Learned Additional Sessions Judge, Bongaon, North 24 Parganas to answer charges under Section 302/34, 326/34 of the Indian Penal Code and under Section 9 (B)(I)(b) of the Indian Explosives Act.;