- (1.) This appeal is at the instance of Subodh Kumar Dhar Roy, Nityananda Sarma and Ashutosh Chandra. They were placed on dial before the learned Sessions Judge of Nadia with the aid of a Jury under Section 302/34 of the Indian Penal Code. The gentlemen of the Jury returned a unanimous verdict of guilty against all the three appellants. The learned Sessions Judge agreeing with and accepting the verdict of the Jury convicted the accused under Section 302/34 of the Indian Penal Code and sentenced them to undergo imprisonment for life by his order dated 6th February, 1961.
(2.) The present appeal has been preferred against the said order of conviction and sentence. Before dealing with the points of law it is first of all necessary to set out the prosecution case in brief. The victim Bimal Kanti Das, son of P. W. 1. Rajendralal Das lived with his parents and other family members at the village Gouripur Chuadanga within the police station Chakdah. His father is a practising Homeopathic Doctor. He lives in a Bhagirathi Silpa Asram where his dispensary is also located. In one of the dispensary rooms, Bimal used to sleep and prosecute his studies, being student of Class IX of Purbachal Bidyapith at Chakdah. The appellant Subodh was a fellow student and the other accused persons ac-cording to the prosecution were his intimate friends. Of all the accused persons Asbutosh was a close neighbour and he happened to sleep in the same room with Bimal from time to time. The accused Nitai is an inhabitant of the village Fanstala.
(3.) The genesis of the trouble according to the prosecution was that P. W. 8 Minu Rani, the sister of Bimal was taking fancy of the accused Ashutosh. Taking advantage of his intimacy with Bimal he used to cut jokes with her from time to time. On this being detected, Bimal took exception to such a conduct on the part of Ashutosh. Bimal also reported the said matter to his parents with the result that his father P. W. 1 Bajendralal Das also asked Ashu not to come to his house.;