Bhattacharya, J. - (1.) All these three appeals were heard together as these appeals have been preferred against a common Judgment by which the learned Sessions Judge has found all the three appellants guilty of charge under Section 302/34 of the Indian Penal Code and sentenced them to imprisonment for life.
(2.) C. R. A. No. 146 of 2002 has been preferred by Sk. Dilwar alias Dillu, C. R. A. No. 346 of 1997 has been filed by Md. Firoz and Kol has approached this Court with the other appeal being C. R. A. No. 25 of 1998. Another person viz. Chand, has also been convicted along with the aforesaid three appellants but he has not preferred any appeal against such order of conviction and sentence.
(3.) The prosecution case is based on F. I. R. lodged by one Md. Nasim, the elder brother of the victim named Nuruddin, and the information disclosed in such F. I. R. may be summed up thus : (a) The deceased along with his parents, elder brother and married sister used to stay at premises No. 8 Nabab Abdul Latif Street, Calcutta-16. On July 22,1993 at about 2 p.m. when the informant was about to enter his house after coming back from outside, a boy named Kol of that locality, who was a friend of the deceased, came to the said house and enquired of the victim from the informant. (b) The informant told him that he did not know his whereabouts and went upstairs. Kol, however, came upstairs and enquired of the deceased from the younger sister of the informant when the said younger sister told him that the deceased was not available at the residence. After hearing such answer, Kol pointed out that the "chappals" of the victim were lying in the ground floor and he came downstairs and after opening the room on the ground floor called the victim and took him away. (c) After a few minutes, Kol came back and informed that the victim had been killed by Firoz and his companions. At once, the informant came downstairs with his wife and younger sister but he could not find Kol. After coming to the street, the informant noticed a gathering nearTarikhana and as such, they ran towards that place and saw that the victim was groaning with injuries on different parts of his body near the meat shop of one Nizam. The victim on being asked by the informant told that "Firoz and his companions" had assaulted him. (d) Immediately thereafter, the informant took the victim to N. R. S. Hospital and told all the incidents to the Doctor. At once the Doctor sent the victim to the Ward upstairs and after sometimes the Doctor informed that the victim had died. After hearing the said news, the informant came back to his house and narrated the incident to the police, already present at their house.;