- (1.) The present appeal is directed against the judgment of conviction and order of sentence dated 14.04.2011 and 13.04.2011 respectively, passed by the learned Additional Sessions Judge, 3rd Fast Track Court, Jangipur, Murshidabad in case No. S.T.- 3 of November, 2007 (S.C. No. 53/2007). By the said order the appellants were convicted of the offences punishable under Sections 448/307/34 I.P.C. and sentenced to suffer Rigorous Imprisonment for five years each for the offence under Section 307/34 I.P.C. and to suffer Rigorous Imprisonment for one year each for the offence under Section 448/34 I.P.C. The appellants were also sentenced to pay fine of Rs. 1,000.00 (rupees one thousand only) each with default clause.
(2.) The facts leading to the present appeal in short, are as follows:-
(3.) In the night of 28.10.2000 the appellants trespassed in the house of one Samsuddin Ahamed at village Khosalpur under P.S. Farakka and shot at Samsuddin Ahamed from firearms causing thereby injuries in his person. The said victim, Samsuddin Ahamed lodged a written complaint alleging all the aforesaid facts to the Farakka Police Station on the basis of which Farakka P.S. Case No. 122/2000 dated 29.10.2000 under Sections 448/326/307/34 I.P.C. and under Sections 25/27 of the Arms Act was started against the three F.I.R. named accused persons. After completion of investigation police submitted charge-sheet under Sections 448/326/307/34 I.P.C. against the present appellants and one Mojamal Haque who died during the pendency of the trial.;