- (1.) The instant appeal is directed against the judgment of conviction and sentence passed by learned Additional Sessions Judge, 3rd Court, Krishnanagar, Nadia, sentencing each of the Appellants, namely, Joynal Abedin Shaikh, Anwar Shaikh @ Anarul Shaikh, Jan Mahammad Shaikh, Asraf Shaikh and Hafiz Shaikh to suffer life imprisonment and to pay fine of Rs. 5,000/- i.d to suffer rigorous imprisonment for one year under Section 302/34 of the Indian Penal Code. They are also sentenced to suffer simple imprisonment for three years with fine of Rs. 2,000/- each i.d to suffer further simple imprisonment for one year under Section 148 IPC.
(2.) Prosecution case in short may be depicted as follows: On 9th September, 1994 at about 12.35 p.m. one Samsul Shaikh (P.W.1) lodged an FIR with Karimpur Police Station to this effect that on the aforesaid date at about 10 a.m. his elder brother Sirajuddin Shaikh, deceased, High School teacher and his younger brother Giyasuddin Shaikh, a student of Class X, since deceased, went out on separate two bi-cycles for attending Dhoradah Union High School and at about 10.30 a.m. when they reached near the house of Azimuddin (P.W.6), at that time accused Joynal Abedin at the direction of accused Ali Hossain Shaikh, since deceased, hit deceased Sirajuddin Shaikh with a sharp-cutting hensua on his abdomen and thus, seriously injured Sirajuddin Shaikh fell on the road from his bi-cycle. It has been categorically alleged that immediately thereafter the accused Jan Mahammad Shaikh hit Sirajuddin Shaikh with a sword on his neck and accused Asraf Shaikh, Majibar Shaikh, since deceased,p Hafiz Shaikh, Anarul Shaikh and Tajimuddin, since deceased, hit aforesaid Sirajuddin Shaikh with sharp-cutting weapons like sword, bhojali, hensua, etc. causing serious injuries on different portions of his body as a result seriously injured Sirajuddin at once died on the spot. Giyasuddin, younger brother of Samsul Shaikh (P.W.1) rushed to the house and cried out and the neighbours came out and tried to catch hold of the accused persons, but failed, as they fled away. It has also been alleged that when Appellants Joynal Abedin, Jan Mahammad and Asraf were fleeing away with blood-stained wearing apparels and hensua, sword, bhojali, etc. in their hands, Hamid Shaikh (P.W.5) could see them and also Nifaz Shaikh (P.W.3) while returning from his paddy field of Beltala found the rest accused persons, namely, Hafiz Shaikh, Anarul Shaikh, Majibar Shaikh and Tajimuddin Shaikh, both since deceased, to flee away with blood-stained wearing apparels and deadly weapons like hensua, sword, bhojali, etc.
(3.) Upon receiving the FIR, Officer-in-Charge, Karimpur Police Station started Karimpur Police Station case No. 263/94 dated 9th September, 1994 under Section 302/34 IPC against the accused persons. The case was taken up for investigation and finally on completion of investigation, Investigating Officer concerned submitted Charge sheet under Section 302/34 IPC against all the present five accused persons and three others, namely, Ali Hossain, Majibar Shaikh and Tajimuddin Shaikh, since deceased.;