JOYMALYA BAGCHI, J. - (1.) THIS appeal is directed against the judgement and order of conviction and sentence dated 23.02.2004 passed by learned Additional Sessions Judge, 9th
(2.) COURT, Alipore, convicting the appellants for commission of offence punishable under Sections 302/34 of the Indian Penal Code and sentencing them to suffer imprisonment for life and to pay a fine of Rs. 5,000/- only each and in default to suffer rigorous imprisonment for two years more respectively. On 14th January, 2002 at around 1.45 a.m. one Gora Das (P.W. 1) lodged a written complaint at Thakurpukur Police Station alleging that on 13.01.2002 at around 8.30 p.m. he along with his friends were taking tea in a tea shop of one Bablu Pal alias Ranjan Pal (P.W. 5) at Shakherbazar ; at that time, he heard a sound and after coming out of the tea stall, found a person lying in an injured condition; the injured person was one Saikat Saha alias Bua; he and his friends took the victim to Calcutta Hospital where the doctor declared the victim dead. Pursuant to such information, Thakurpukur Police Station Case No. 12 dated 14.01.2002 under Sections 302/34 of the Indian Penal Code read with Section 120B of the Indian Penal Code and Sections 25/27 of the Arms Act, was registered for investigation against unknown persons.
(3.) IN course of investigation, police visited the spot, examined available witnesses including one Sandipan Majumder (P.W. 6) who named all the appellants, effected seizures, collected medical papers including the post mortem report of the victim and finally submitted a charge-sheet under Sections 302/34, 120B of the INdian Penal Code read with Sections 25/27 of the Arms Act against the appellants and one Jishu Jain, since acquitted.;