- (1.) This appeal has been preferred by the appellants assailing the judgment, order of conviction and sentence dated December 20, 2013 and December 23, 2013 respectively passed by the Ld. Additional District and Sessions Judge, 2nd Court, Hooghly in Sessions Trial No. 3 of 2013 arising out of Sessions Case No. 267 of 2012. By virtue of the impugned judgment and order appellants have been convicted and sentenced to suffer rigorous imprisonment for life and to pay fine of Rs. 25,000/- each in default to suffer rigorous imprisonment for 3 years each for committing offence under Section 302 IPC and also sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs. 10,000/- each in default to suffer rigorous imprisonment for one year each for committing offence under Section 201 IPC with a direction that both the sentences shall run concurrently and if the fine amount is realized 50% of that amount be remitted in favour of the wife of the victim and his minor son by way of compensation. The period of detention undergone during investigation or trial was also directed to be set off under the provisions of section 428 Cr.P.C.
(2.) The prosecution case, in brief, as follows:- On May 22nd, 2012 at 08.45 hours PW2, Hariram Maji, got news about lying of a dead body near the new building of Baba Ceramic Factory in the Panchrokhi Village. He then went there and saw dead body of an unknown person, aged about 35 years, was lying in the field near bush beside the new building of Baba Ceramic Factory. He also saw there were marks of sharp cut injuries on the throat and hand of the deceased for which he suspected that the said person was murdered by a sharp cutting weapon somewhere else and the body was thrown to that place. Accordingly he lodged a complaint at the Polba P.S., District Hooghly.
(3.) On the basis of the above complaint a case was started at the Polba P.S. against some unknown miscreants and the investigation ensued and thereafter on completion of investigation charge sheet was submitted against the appellants under Sections 302/201/34 IPC. Charges under Sections 302/34 IPC and 201/34 IPC were framed on February 4th, 2013 against the appellants and when they pleaded not guilty to their involvement in the crime they were put to trial. Prosecution examined 27 witnesses including the complainant, brother-in-law and wife of the victim, his neighbours, employee, doctor besides the police personnels and also produced and proved the FIR, seizure list, inquest report, PM report, FSL report (Exbts. I to XIV) and the wearing apparels, chappal, motor cycle, vojali, controlled earth, photographs, video footage etc. (Material Exbts. I to XVII). Thereafter, on completion of trial and after examination of the appellants under Section 313 Cr.P.C. learned court below passed the impugned judgement.;