Indrajit Chatterjee, J. - (1.) THIS appeal arises out of the judgment and order of conviction passed by the learned Sessions Judge, Uttar Dinajpur at Raiganj in connection with Sessions Case No. 72 of 2002 (Sessions Trial No. 3 of 2003) arising out of Kaliaganj Police Station Case No. 126 of 1993 dated 23.12.1993 under Section 302 of the Indian Penal Code (henceforth called as the said Code) by which the Trial Court was pleased to convict the present appellants in respect of the charge punishable under Section 302 read with Section 34 of the Code. As per order dated 23.02.2004 they were sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 5000 each, in default RI for six months for the said offence.
(2.) THE case of the prosecution can be stated in brief thus; that in the intervening night of 22/23.12.1993 at about 12 midnight one Kader Md. informed the de facto complainant, Ramjan Ali Sarkar (PW -1), that the appellant No. 1 Moslemuddin (henceforth called as A - 1) had murdered his cousin sister (Kakato Bon), Maleka Khatun (victim) and on hearing this PW -1 rushed to the place of occurrence and on reaching there saw his sister was lying dead in a pool of blood on the floor of the room (western bhiti). It is also the prosecution's case that he found several persons there and A - 1 replied that he committed the murder. The FIR was lodged by Ramjan on 23.12.1993 at about 08:45 hours giving rise to Kaliaganj PS case No. 126 of 1993 under Section 302 of the Code. The said case culminated into GR Case No. 817 of 1993 of the SDJM, Raiganj. In the FIR apart from what we have mentioned it was disclosed that the victim was aged about 25 years and her marriage with the appellant No. 1 took place before 7 or 8 years ago and it was a love marriage but unfortunately they were not blessed with any child.
(3.) THE matter was investigated by the police and during the course of investigation some witness stated to the Investigating Officer that A - 1 committed the murder of his wife in furtherance of the common intention of the other appellants. Charge sheet was submitted accordingly. The case was committed to the Court of Session and Sessions Case No. 72 of 2002 was registered and it was tried by the learned Sessions Judge, Uttar Dinajpur at Raiganj as Session's Trial No. 03 of 2003. Charge was framed under Section 302/34 of the Code to which they pleaded not guilty and claimed to be tried. Before the Trial Court the prosecution examined in all eight witnesses and marked several documents as exhibits including FIR, inquest report, postmortem report, dead body challan etc. The defence examined two DWs namely Saiyad Ali as DW -1 and Kader Md. as DW -2. It may be mentioned that this Kader Md. was a cited witness in the charge sheet but he did not depose on behalf of the prosecution but came to depose as DW 2. No documentary evidence was proved by the defence. The defence took the plea of false implication on the ground of enmity and dacoity on night of incident.;