Amulya Kumar Nandi, J. - (1.) In this case four accused were indicted under section 302 Indian Penal Code read with section 34 of the Penal Code for having committed the murder of one Bablu Hazra Chor Bably in furtherance of common intention of all on the 25th of March, 1986 at an unearthly hour of night. The appellants Pearilal Ranar and Babua Das only have been convicted under section 302 Indian Penal Code read with section 34 Indian Penal Code.
(2.) We may state the prosecution case in brief. Victim Bablu and other four accused assembled at a place to commit theft. Victim and the accused fell out. The conviction Party fired at the victim and the other convict struck the victim at his throat with a razor. Remaining two accused Iswarlal and Krishnaram assaulted him. One Biplab Das reported the incident to the police over telephone. The police found the victim lying injured. S.L.S. Moitra recorded the dying declaration of the victim made in presence of other witnesses which was treated as F.I.R. in the case. The victim succumbed to his injuries shortly after he was removed to N.R.S. Hospital. Postmortem was held on the dead body of the deceased.
(3.) The prosecution has proved that the victim died of a bullet injury and that he had suffered an injury at the throat. Evidence of P.W. 10, Dr. D.K. Debnath is that the injury might have been caused by more than one person. According to the doctor injuries were ante-mortem and homicidal in nature.;