Girish Chandra Gupta, J. - (1.) This appeal is directed against a judgment dated 26th September, 2007 by which all the nine accused persons were convicted of an offence punishable under section 302 with the aid of section 34 of the Indian Penal Code for committing murder of Rejaul Sk. By an order dated 27th September, 2007 all the nine accused persons were sentenced to imprisonment for life as also to pay fine of is Rs. 500/- each, in default of payment to undergo further imprisonment for period of 1 month by the learned Additional Sessions Judge 3rd Fast Track Court, Berhampore, Murshidabad.
(2.) The facts and circumstances of the case briefly indicated are as follows:- On 13th March. 1991, in the morning P.W. 1, Malina was assaulted by the accused Piar Ali for no reason whatsoever. The said Malina reported the matter to her brother Rejaul Sk., the deceased. He accompanied by his brother Rajack and his friends went to the house of the said Piar Ali and demanded the reason for assaulting his sister. The said Piar Ali replied that he had rightly assaulted Malina and would also assault Rejaul. Thereafter an altercation followed. Associates of the said Piar Ali assembled thereat with deadly weapons including fire arms. The said Rejaul Sk. was shot at. As a result whereof he died on the spot. A written complaint was lodged by the widow of the deceased at 9.15 hrs. on 13th March, 1999. It is not in dispute that the widow of the deceased also died before the trial commenced, besides Malina four eyewitnesses were examined. The investigating officer who had conducted the inquest and prepared the sketch map and investigated the case further was also examined. The Post-Mortem report it appears was tendered under section 294 of the Code of Criminal Procedure. The P.W. 2, during his cross-examination on behalf of the defence was suggested as follows:- "It is not a fact that being attacked by us Piar All and his family members were fleeing away and Rejaul Sk. was chasing them or that we were then fired through our fire arms or that due to such firing Rejaul Sk. sustained gun shot injury and he succumbed to his such injuries."
(3.) P.W. 3 was suggested as follows:- "It is not a fact that due to our such alleged attacked in the house of Piar Ali they were fleeing away and we were then chasing them or that we were firing towards them and due to such firing Rejaul Sk. sustained gun shot injury and he succumbed to his such injuries.";