DIPAK SAHA RAY, J. - (1.) A common judgment and order of conviction and sentence have been assailed in four criminal appeals. For the sake of convenience of discussion and arriving at a just decision, all the four appeals viz. CRA No. 146/195/261/268 of 2010 are taken up together.
(2.) THE aforesaid three appeals are directed against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Fast Track, 5th Court, Barasat, North 24 Parganas, in Sessions Trial No. 4(3) of 2008, arising out of Sessions Case No. 15(8) of 2007 under section 302/120B/ 34 of the Indian Penal Code. The said case was started on the basis of a written complaint filed by one Sirajul Islam Molla, on 18.12.2002 before the Officer-in-Charge, Sandesh Khali Police Station., North 24-Parganas. The defacto complainant in his written complaint has alleged that on 18.12.2002 at about 7.30 p.m. he started proceeding towards the house of Haripada Ghosh from Bayarmari More after picking up Haripada Ghosh on his bike. At 7".30 p.m.suddenly three persons riding on a Motorbike came at a distance of half kilometer from Ghoshpara More and after overtalking their Motocycle stopped kicked both of them. As a result, both of them fell on the ground along with the Haripada Ghosh. It is further contended in the said written complaint that on hearing the cry of the defacto complainant, local people came at the spot and they took Haripada to Minakhan Hospital where the doctor declared him "brought dead". On the basis of the said written complaint, Sandesh Khali Police Station Case No. 110 of 2002 dated 18.12.2002 under section 302/120B/34 of the Indian Penal Code and section 25(1)(a)/27 of the Arms Act was started. Police investigated the case and after completion of investigation submitted chargesheet against four accused persons namely Ayub Ali Molla, Sirajul Islam Molla, Julfikar Jamadar and Jaherul Haque @ Boromia under Section 302/120B/34 of the Indian Penal Code. On the basis of the aforesaid allegations and other relevant materials, the aforesaid four accused persons were tried for the offences punishable under section 302/120B/34 of the Indian Penal Code. All the accused persons, however, pleaded not guilty and claimed to be tried when the said charges were read over and explained to them. As against this, the defence case, as it appears from the trend on cross- examinations and the statements made during examination of the accused persons under section 313 of the Code of Criminal procedure, was denial of the prosecution allegations and plea of innocence. The prosecution, in order to discharge the burden of establishing the guilt of the accused persons, examined as many as 19 witnesses. After taking into consideration all relevant facts and circumstances and the evidence on record, the learned Trial Court found the accused persons guilty for the offences punishable under section 302/120B/34 of the Indian Penal Code and they were convicted accordingly. Being aggrieved by and dissatisfied with the impugned judgment and order of conviction and sentence, the aforesaid four convicts namely Ayub Ali Molla, Sirajul Islam Molla, Julfikar Jamadar and Jaherul Haque @ Boromia as appellants have preferred three separate appeals which have been registered as C.R.A No. 146 of 2010; C.R.A No. 195 of 2010, C.R.A No. 261 of 2010 and CRA No. 268 of 2010 respectively.
(3.) THE grievances of the appellants may be capsulated in a few sentences as follows: The learned Trial Court has failed to appreciate the evidence on record on its proper perspective and approached the case from a wrong angle and this has resulted in failure of justice. The learned Trial Court has failed to take note of the fact of the other inconsistencies and contradictions of the evidence on record and as such has come to an erroneous decision. It is further alleged that the impugned judgment and order of conviction and sentence are based on surmises and conjectures and in the circumstances,the present appeals have been filed praying for setting aside the said judgment and order of conviction and sentence. ;