Joytosh Banerjee, J. - (1.) The present appeal is directed against the judgment whereby learned. Additional Sessions Judge, 1st Court, Murshidabad convicted both the appellants under Sec. 302 read with Sec. 34 of the I.P.C, and sentenced them to suffer Rl. for life. Sher Ali Mahaldar (PW.1) on 21.6.81 in the morning came to Samser Gunge P.S. and lodged the F.I.R, that on that day at about 8.30 hours his elder brother Samsul Mahaldar, Yesin Mahaldar (PW.2) and Kisto Mondal (PW. 7) were coming from their house towards the C. G. Patel More through Dhuliyan Pukur Road. The informant was following them leaving some distance. All on a sudden the appellants and some other persons attacked the said elder brother and also the informant, launched assault on them with different weapons. At that time accused Sahadeb assaulted his elder brother Samsul Mahaldar, the victim with Ballam which was in his hand. Accused/appellant Kasia launched assault on the victim with Chneni. The informant was also attacked with these weapons and he also sustained injuries at the hands of the appellant and others. Then persons accompanying them raised alarm. People from the surrounding placed rushed to the spot and then the appellants with others miscreants responsible for the incident, fled away from the spot. As a result of the assault the elder brother of the informant died at the spot.
(2.) The investigation of the case was taken up by PW. 11, S.I. M.N. Bose of Samser Gunge P.S. who recorded the F.I.R, on the basis of verbal complaint of the informant Sher Ali Mahaldar. On the basis of the F.I.R, the said witness started Samser Gunge P.S. Case No. 9. He rushed to the P.O. and prepared sketch map of the same including index and seized some alamat from the P.O. under seizure list. The witness collected the P.M. report but as he was transferred from the P.S., he handed over the case to the O.C. of the P.S. and subsequently, chargesheet was submitted by S.I., N.C. Boy (PW.9).
(3.) In course of the trial, the prosecution examined in all 11 witnesses including the Doctor who held the p.m. examination, the police officer who mainly investigated the case and also' another police officer who submitted the chargesheet merely going through the case diary and other materials collected in course of the investigation and also seizure list witnesses. It transpires from the cross -examination made by the defence of various prosecution witnesses specially the informant (PW. 1) that the defence has practically admitted the murder of the victim but their specific plea is that some other persons committed the murder and the accused/appellants were falsely implicated in the case due to enmity.;