Samapti Chatterjee, J. - (1.) THE instant appeal is directed against the Judgment and Order of conviction passed in Sessions Trial being No. 29 of 2005 and Sessions Case No. 179 of 2005 passed by the learned Additional Sessions Judge, Fast Track Court -I, Purulia on 18th January, 2006 and 19th January, 2006 holding the accused persons/appellants guilty of offence punishable under Sections 302/323/34 of the Indian Penal Code and sentenced to suffer Rigorous Imprisonment for life and to pay fine of Rs. 1000/ - each in default of which shall suffer simple imprisonment for four months for the charge under Section 302/34 of the Indian Penal Code. And also sentenced to pay fine of Rs. 1000/ - in default of which shall suffer simple imprisonment for four months for the charge under Section 323/34 of the Indian Penal Code.
(2.) PUT in a short frame, the prosecution case runs as under: On 11th January, 2001 at about 9:05 A.M. Jakir Ansary of Pokhuria village lodged a verbal complaint regarding the incident at Purulia Muffosil Police Station which was written by S.I. Narayan Chandra Mahato who accordingly registered Purulia Muffosil P.S. Case No. 6 dated 11.01.2001 under Section 302/34 of the Indian Penal Code against the two accused persons. Prosecution version in brief as stated in the F.I.R. is that on 10.01.2001 there was quarrel and assault between the parties over the issue of raising a wall behind the Shiv Mandir. In order to evade arrest by the Police deceased Mukti Sattar Ansary, his son Samim Ansary as well as complainant Jakir Ansary left their house at Pokhuria village for Purulia on 11.01.2001 at about 4:45 A.M.. On the way in between Kolbandh and Jaleswar at about 6 A.M. they were intercepted by accused Lalu and Bikash Mahato who were armed with 'dang' (lathi) and 'Kural' (axe) respectively. The first named accused assaulted Jakir Ansary with 'lathi' on his legs while accused Bikash Mahato dealt 'kural' blow on the head of deceased who fell down in consequence thereof whereupon he was subjected to successive blows with 'lathi' and 'kural' by both the accused persons which resulted in his death. Complainant Jakir Ansary and Samim Ansary fled towards Jalewswar and reported the incident to Masuruddin Ansary of Jaleswar as well as to Sariful Kadri the Imam of Purulia Bara Masjid. On the basis of the F.I.R. lodged by the complainant Jakir Ansary S.I. Narayan Chandra Mahato started the case which was entrusted for investigation to S.I. Radhakanta Pati. Investigation into the case was finally concluded by S.I. Probodh Chandra Patra who laid the charge -sheet under Sections 302/323/34 of the Indian Penal Code against the two accused persons. Thereafter charges under Sections 302/323/34 were framed against the accused persons and they pleaded not guilty for the offences. Accordingly trial started and after completion of trial the learned Additional Sessions Judge, FTC -I Purulia held the appellants guilty and convicted him as aforesaid.
(3.) IN order to prove its' case the prosecution has examined as many as eighteen witnesses (19) in this regard.;