- (1.) This appeal has been preferred at the instance of 1) Gitarani Ghosh, 2) Kamakhya Rani Ghosh, 3) Netai Pada Ghosh, 4) Subrata Ghosh and 5) Lakshman Ghosh, the convicts and is directed against the judgement and order dated 24.2.1999 passed by the learned Additional Sessions Judge, Murshidabad in S.T. No. 2 of February, 1995 (S.C. No. 21 of 1992) thereby convicting the appellants for committing an offence punishable under Section 302/34 I.P.C. and sentencing them to suffer imprisonment for life and to pay a fine of Rs. 10,000/- each, in default, R.I. for 2 years more.
(2.) On 4.2.1991, at about 5 a.m., the appellants (hereinafter referred to as accused) entered into the house of Paresh Nath Ghosh (P.W. 1) being armed iron rods. Amongst the accused, Gitarani Ghosh and Kamakhya Rani Ghosh caught hold Fultulsi Ghosh, 60 years old mother of Paresh Nath Ghosh while the accused Lakshman hit her with an iron rod on her head. She raised alarm followed by hue and cry and all the inmates, such as, chainarani (P.W. 2), Biswanath (P.W. 3), Rekharani (P.W. 4) appeared in the scene but were assaulted by the accused Netai, Subrata and Lakshman with iron rods resulting in serious bodily injuries. All the injuried including Fultulshi were taken to hospital. Paresh Rani (P.W. I) lodged one F.I.R. with Burwan Police Station alleging the incident. Fultulsi succumbed to her injuries in the mean time. On the basis of the same, Burwan P.S. case no. 26 of 1991 dated 4.2.1991 was started under Section 147, 148, 448, 323, 326, 302/34 of I.P.C. against the accused.
(3.) The accused persons were arrayed to face charges under Section 302/34 of the I.P.C. They abjured the guilt and consequently, the trial commenced.;