- (1.) The appellants preferred the instant appeal assailing the Judgment and Order of conviction passed in Sessions Trial No. 6(2) 2004 by the Learned Sessions Judge, 3rd Fast Track Court, Malda on 4th day of September, 2006 convicting the appellants/petitioners under Sections 307/450/323/34 of the Indian Penal Code. They are sentenced to suffer Rigorous Imprisonment for 10 (ten) years each and to pay a fine of Rs.1,000/- each in default to suffer 1 (one) year Rigorous Imprisonment each for committing the offence punishable us/307/34 of the Indian Penal Code. The convicts are also sentenced to suffer Rigorous Imprisonment for 5 (five) years each and a fine of Rs.500/- each in default to suffer 6 (six) months Rigorous Imprisonment each for committing offence punishable under Section 450/34 of the Indian Penal Code and are also sentenced to suffer another Rigorous Imprisonment for 6 (six) months each and a fine of Rs.500/- each in default to suffer 1 (one) month Rigorous Imprisonment each for committing the offence punishable under Sections 323/34 of the Indian Penal Code.
(2.) The case made out by the prosecution may be summed up thus. On 12.10.1999 Tuesday in the night around 2 a.m. a hue and cry was heard from the side of the house of Rampukar Paul who happens to be the husband of the F.I.R. maker's sister Reshmi Paul and the FIR maker Kusmi Debi Paul came to know from her sister Reshmi Paul that at about 1.30 a.m. suddenly brick bats were thrown towards their house as a result of which Reshmi Paul and her husband, the victim Rampukar Paul woke up and they further noticed two persons. On seeing them Rampukar Paul who attempted to apprehend them and at that juncture shot was fixed aiming at him as a result of which Rampukar Paul received bullet injury and fell down. The local people removed him to Malda Sadar Hospital and also got him admitted there for treatment. It is alleged in the written FIR that the miscreants had attacked the victim (Rampukar Paul) with a motive to kill him. On the basis of the written FIR police started Gazole P.S. Case No.166/99 dated 12.10.1999. Police took up investigation and arrested the accused persons and after completion of investigation police submitted charge-sheet against the aforesaid three accused persons namely 1. Dilip Saha, 2. Rintu Saha and 3. Sukdeb Mondal all under Sections 449/326/307/323/34 of the Indian Penal Code read with Section 25(1) (a)/27/35 Arms Act and accordingly trial started and after completion of trial Learned Sessions Judge convicted the appellants as aforesaid.
(3.) In course of trial the prosecution examined as many as 17 (seventeen) witnesses . P.W.1, the neighbour in his evidence stated that he heard a loud cry from the house of Rampukar Paul. Hearing the same he rushed there and saw many people assembled there. He also found that some persons entered the house of Rampukar Paul by breaking wall of the room. He further deposed that he along with other persons found that Rampukar was lying in the varandah with the bleeding injury. Then the P.W.1 along with others sent Rampukar to Malda Sadar Hospital where he was admitted. There Rampukar told that miscreants fired at him and he disclosed the names of the miscreants as Rintu Saha, Dilip Saha and Sukdeb Mondal. They all are the villagers of that village.;