- (1.) This appeal is directed against the judgment of Additional Sessions Judge, 13th Court at Alipore, whereby the appellants have been convicted for having committed offences under Section 302 read with Section 34 of the Indian Penal Code. Each of them has been ordered to suffer imprisonment for life and are liable to pay a fine of Rs.1,000/- (Rupees one thousand only), and in default to suffer one month of rigorous imprisonment.
(2.) The case of the prosecution is that on 2nd September, 1990 Kartick Baidya, his elder brother Nabakumar Baidya and his younger brother Probhas Baidya (the deceased herein), Haren Chandra Baidya, Tapan Kumar Baidya were on duty as night guards for the village and were keeping a watch from 10/10:30 p.m. onwards. Kartick Baidya and Nabakumar Baidya went home after some time while the others including the deceased Probhas Baidya continued on duty. At about 1:30 a.m. some persons broke the electric bulb behind Kartick's house. Kartick woke up because of the sound of the splintering glass and saw Bibhuti Baidya (Appellant no. 2) with a pipe gun in his hand, Tukaram Baidya (Appellant no. 6) armed with a sword, Sridam Halder (appellant no. 7) holding a bomb, Rebati Baidya (Appellant no. 1), Bhupati Baidya (Appellant no. 3), Arabinda Halder (Appellant no. 5) and many others residing at Gobindapur with them calling out to Kartick to come out of his house and threatening him with dire consequence. Kartick fled from the house while his wife remained in the room. He heard the sound of a bomb. Probhas Baidya ran towards Kartick's house thinking that Kartick was being assaulted. Bibhuti Baidya shot Probhas Baidya in his chest with a pipe gun. Kartick and his elder brother and others came running towards Probhas who had collapsed to the ground. They lifted Probhas to the verandah outside Haren Baidya's house where Probhas expired. According to Kartick, Rabati assaulted Surajit on his forehead with a tangi and caused a bleeding injury while Tukaram assaulted Tapan with a sword. When he and others raised an alarm, the people of the village came running and the accused fled away. Kartick is the complainant and has stated that the accused shot his brother and made an attempt to murder him and his nephews because of a property dispute.
(3.) The FIR was lodged by Kartick on 3rd September, 1990 at 6:30 a.m. and was dispatched from the Police Station on 4th September, 1990 at 8 a.m. It was received by the concerned Magistrate on 11th September, 1990. An inquest was held on the same day at 7:30 a.m. The body of deceased Probhas Baidya was sent for the post mortem examination. It was conducted on 4th September, 1990 at 2 p.m. as per the post mortem report. ;