- (1.) In the aforesaid two statutory appeals, subject matter of challenge are the conviction of the appellants Jagannath Kumar and Naresh Kumar under section 302/34 IPC and sentence of imprisonment for life. Since both the appeals were arising out of the self-same judgement and order, both were taken up for hearing together and are disposed of by this common judgement.
(2.) In the trial held before the learned Additional Sessions Judge, 2nd Court, Purulia, the appellants were placed on trial to answer charges under section 302/34 IPC and section 25/27(1) of the Arms Act.
(3.) According to prosecution, the victim Swapan Kumar was a night guard at Charakari Agrabal Hospital. Since the victim during his life time used to protest against various illegal activities of the appellants Jagannath Kumar and Naresh Kumar they became hostile towards him and also threatened to kill him. On the fateful day at around 6 am, when the victim went to Nutan Bandh a tank in the village to take his bath, both the appellants Jagannath Kumar and Naresh Kumar came there in a motorcycle and shot him thrice and when the victim sustained three gun shot injuries on his right leg, upper side of right eye and on the back and due to such injuries, he died.;