SAMAPTI CHATTERJEE, J. - (1.) THE instant appeal is directed against the Judgment and Order of conviction passed in Sessions Trial No. 9(1) 2003 and Sessions CaseNo.40 (7) 2002 passed by the learned Additional Sessions Judge, 4thCourt Nadia on 29th day of January, 2005 holding theappellants/accused persons guilty of offence punishable under Section 302/34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life and also to pay a fine of Rs.2000/ - each, in default to suffer Rigorous Imprisonment for 6 months for commission of offence punishable under Section 302/34 of the Indian Penal Code.
(2.) PUT in a short frame the prosecution case runs as under:
(3.) ON 23.12.2001 one Afiya Bibi, wife of Atar Ali Sheikh, of village Gopal Nagar under P.S. Thanapara, lodged a written complaint to the Officer -in -Charge of Thanarpara stating that on that very date at about 7:30 A.M her husband along with her youngest son Sentu Sheikh had been to Lasarer Math in order to irrigate the land through shallow pump. After some time her husband came back home and informed that the machine is not properly operating and hearing the same her eldest son Mantu Sheikh went to the field in order to repair the pump. At that time few persons were discussing amongst themselves in the house of Saban Mollah neighbour of this defacto -complainant, and thereafter she noticed that Saiful, Halim, Ichhu, Arfatul, Sirfatul, Ainal, Doat, Ali Hossain and Chhattar Mollah, all of same locality, were going through the front side of the house of defacto complainant and seeing some of them being armed with sharp cutting hensua, dao, etc, the defacto complainant followed them and after going few steps she heard Doat Mollah, Ali Hossain and Chhattar Mollah to tell the rest of the assailants to return after finishing Mantu Sheikh. Hearing the same from those Saiful, Halim, Ainal, Sirfatul, Ichhu and Arfatul Mollah who were proceeding towards the field of Atar Ali Sheikh being armed with weapons and Doat, Ali Hossain and Chhattar did not proceed further. The defacto -complainant thereafter followed those miscreants speedily and she tried to alert her sons and husband raising alarm, but they could not hear the same. In the meantime those miscreants already reached their land and encircled her sons and husband. Ichhu at first struck on the head of Mantu by hansua and thereafter Mantu fell on the ground. While the husband and youngest son of defacto complainant went to resist them, they threatened to kill them. Then the miscreants chopped Mantu on his entire person at random. In spite of repeated prayers of the defacto -complainant to save the life of her son, the accused persons did not care for the same. They inflicted severe injuries, even the guts came out of the belly of Mantu and thereafter the accused persons fled away to the river 's side. Pursuant to said written complaint, Thanarpara P.S. Case No.97/01 dated 23.12.2001 under Section 302/34 of the Indian Penal Code, was initiated against the present accused persons and also against Doat Mollah, Halim sheikh and Ichhu Sheikh. On completion of investigation, charge sheet was submitted against all those six accused persons under Section 302/34 of the Indian Penal Code. Accordingly trial started and after completion of trial learned Additional Sessions Judge 4th Court, Nadia held the 4 accused persons namely Ainal Mondal, Saiful Mondal, Sirfatul Mondal and Arfatul Mondal guilty for the offence punishable under Section 302/34 of the Indian Penal Code and convicted them as aforesaid.;