TARUN KUMAR GUPTA, J. - (1.) THIS is an appeal against the judgment and order of conviction dated 9th of February, 2005 as well as sentence dated 10th of February, 2005 passed by learned Additional Sessions Judge, Hooghly in Sessions Trial Case No.01 of 2002. The appellants were convicted for committing offences under Section 302/34 and 201/34 I. P. C. though were acquitted from the charges under Section 323 / 34 I. P. C.
(2.) THE prosecution case may be summarized as follows: - On 21st of August, 1993 one Subal Murmu lodged a written complaint to the O. C. Dhaniakhali P. S. district Hooghly alleging that on 15th of July, 1993 in the morning the 10 (ten) F. I. R. named accused persons and others came and dragged out his mother Binodini Murmu from their house accusing her to be a witch and started to assault her mercilessly with axe, iron rod, sabal etc. Binodini Murmu succumbed to her injuries and her body was taken away to be buried in some place in the field. The miscreants declared that by way of "Telkhari" they learnt that Binodini was a witch and that they also threatened to kill other persons of the family if it appeared that said person was a witch by way of "Telkhari". They threatened to kill and evict the family members of Binodini if they approached police. On the basis of said complaint Dhaniakhali P. S. case No.153 of 1993 dated 21.08.1993 under Section 302/201/34 I. P. C. was initiated. Charge sheet was submitted against 13 accused persons who faced trial under Section 302/201/34 as well as under Section 323/34 I. P. C. In order to prove this case the prosecution adduced the oral evidences of 16 witnesses. They were informant Subal Murmu (P.W.1), Nil Moni Murmu (P. W.2), Sindhu Murmu (P.W.3), Uttam Kumar Kundu (P.W.4), Sukanta Mukherjee (P.W.5), Snehangshu Bhattacharjee (P.W.6), Mannan Sarkar (P.W.7), Anil Chakraborty (P.W.8), Haripada Malik (P.W.9), Jaya Malik (P.W.10), Dilip Kumar Nandy (P.W.11), Subodh Chandra Sarkar (P.W.12), Tanti Murmu (P.W.13), Dr. Pran Gopal Bhattacharjee (P.W.14), Subhas Mukhopadhyay (P.W.15) and Bimal Kumar Biswas (P.W.16). Written complaint, carbon copy of seizure list dated 23.08.1993, carbon copy of post mortem report, formal F. I.R., rough sketch map with index were marked as 1 -5 respectively without objection.
(3.) THE defence case as it is gathered from the trend of cross - examination of relevant P.W.s as well as from the statements of the accused persons recorded under Section 313 Cr. P. C. is that accused persons were innocent and that they were falsely implicated on account of an inimical relation between the parties.;