SHIB SADHAN SADHU, J. - (1.) THE instant criminal appeal is directed against the judgment and order of conviction passed by the Learned Sessions Judge, Howrah in Sessions Trial No.52 of 2003 decided on 05.08.2003 whereby they have been sentenced to undergo Rigorous Imprisonment for life each for commission of offence under Section 302 of the Indian Penal Code read with Section 34 I.P.C. and also to suffer Rigorous Imprisonment for further two years each for commission of offence under section 307 of the Indian Penal Code read with Section 34 I.P.C. However, both the sentences would run concurrently.
(2.) SANS unnecessary details the prosecution case may be reproduced in the following words : - ''That on 09.05.2000 at about 8.05 A.M. one Somenath Majumdar made oral complaint before Sub -Inspector of Police Dilip Pal of Shibpur Police Station to the effect that he had been residing in the house of Ashim Mukherjee @ Gopal Mukherjee situated at 141, Ramkrishnapur Lane, as a tenant for last 16 years. On that date, that is, on 09.05.2000 he returned home at about 6.50 A.M. after dropping his son in his school. He came to know from his neighbour Dharmadas Nikel that sometime before hue and cry was raised in the house of Ashim Mukherjee @ Gopal Mukherjee. They then knocked the door and pushed the calling bell but got no response. All the windows facing the road were closed. So they went to the window on the southern side and saw one door of the window was open. They noticed that one person was peeping through the said window. He identified that person as Sk. Saroj who used to work as labourer of mason and used to stay in the house of Ashimbabu. Somenathbabu asked Sk.Saroj to open the door but he did not do so. Being suspicious they went to the back side of the house and saw that Sk.Saroj was fleeing away. They chased him but he managed to escape through the lane. It is further stated in the complaint that about one and half months ago these two appellants and Sk.Saroj forcibly took away Rs.6,000/ - from the house of Ashimbabu. The de -facto complainant came to learn from Ashimbabu on 08.05.2000 at about 10 A.M. that on 07.05.2000 morning the present appellants along with Sk.Saroj came to Ashimbabu 's house to take back wooden planks used for centering of the roof. Ashimbabu demanded repayment of Rs.6,000/ - as precondition for returning those planks. At that the appellants and Sk. Saroj threatened Ashimbabu with dire consequences. It is yet further alleged in the complaint that after chasing Sk.Saroj, the de -facto complainant found so many neighbouring people were assembled there. He further saw that the para people were bringing out the daughter of Ashimbabu namely Sayani Mukherjee, aged about 11 years who sustained severe bleeding injuries. On being asked Sayani told them that the present two appellants and Sk. Saroj had murdered her father and grand -mother by assaulting with chopper and they had also assaulted her with chopper. The para people took her to hospital for medical treatment. Police came and entered inside the house. He saw the dead bodies of Ashimbabu and his mother with bleeding injuries.
(3.) THE complaint was recorded by the said S.I of police Dilip Pal and he forwarded it to the Duty Officer of Shibpur police station who thereupon started Shibpur Police Station Case No.102 of 2000 dated 09.05.2000 under Section 302/34 of the Indian Penal Code. That case was investigated into and on completion of investigation charge sheet was submitted. Thereafter, the case was placed for trial before the Learned Sessions Judge, Howrah who framed charges under Section 302/34 of the I.P.C. and under Section 307/34 of the I.P.C. against the present appellants and after conclusion of the trial he held the appellants guilty and convicted them as aforesaid.;