Ishan Chandra Das, J. - (1.) ALL the 5 appellants of the 4 Appeals, noted above, assailed the judgment and order of conviction dated 08.06.2007 and 11.06.2007 respectively, recorded by learned Additional & Sessions Judge, Fast Track (1st) Court, Howrah in S.T. No. 83/2006, for alleged commission of the offence punishable under Sections 302/34 I.P.C.
(2.) THE facts of this case, in a nutshell, as it has been crystalized from the written complaint dated 20.10.2005 (Exhibit -1), is that in the fateful night of 19.10.2005 at about 10 -15 P.M. the de facto complainant, one Dipak Chatterjee (PW -1) went to Dharsa Manshatala Maganga Mistanna Bhandar (P.S. Jagacha, Howrah) where he found the appellants Amit Koley @ Apa, (appellant in CRA 431/2007), Joy Mukherjee (the victim), appellants Arup Roy; (appellant in CRA 497/2007) Asit Dhar @ Manu (appellant in CRA 576/2007). Kanu Choudhury @ chotka (another appellant in CRA 497/2007), nearby the market, engaged in an altercation among themselves. All on a sudden he heard a sound of cracker in the midst of a hue and cry at the place of such occurrence, found victim Joy Mukherjee lying on the ground. He also noticed that appellant Arup Roy with the help of a broken brick gave a blow on the victim's head & all the persons including Manu, Arup, Chotka & Apa, assembled there, hurriedly left the place. The de facto complainant in his written complaint (Exhibit -1) also stated that some local people and the policemen of the local police station were informed about the incident. In the meantime, the policemen came to the spot, took the victim to Howrah General Hospital where he was declared 'brought dead.' While requesting for effective investigation of the crime, the de facto complainant stated the probable reasons for such murder, committed there due to previous quarrel, enmity etc. in between the appellants and the victim.
(3.) ON the basis of such written complainant, the police of Jagacha Police Station (Dist. Howrah) started Jagacha P.S. Case No. 207/2005 dated 20.10.2005 under Sections 302/34 of the Indian Penal Code, 25(1)(a)/27 of the Arms Act, submitted Charge -Sheet in the said case and subsequently it was committed to the Court of Sessions & Learned Sessions Judge during trial recorded the evidence of 23 witnesses including the de facto complainant and other ocular witnesses to the incident, post occurrence witnesses, the doctor holding Post -Mortem Examination, the Forensic Experts, the maker inquest report and the investigating officer of the case and after conclusion of trial he found these appellants guilty of the offence punishable under Sections 302/34 of the Indian Penal Code, convicted and sentenced them to suffer Rigorous Imprisonment for life and to pay fine of Rs. 2000/ - each, in default to suffer Rigorous Imprisonment for two years more.;