- (1.) This appeal is directed against judgment, order of conviction dated September 12, 2013 and sentence dated September 13, 2013 passed by the learned Additional District & Sessions Judge, Fast Track Court-I, Krishnagar, Nadia, in S.T. No. I/March/2006, arising out of S.C. No. 57 (9) 2005. By virtue of the impugned judgment the appellants were found guilty for commission of offence punishable under Section 302/34 of Indian Penal Code (hereinafter referred to as the I.P.C.).They were convicted under Section 235 (2) of the Code of Criminal Procedure (hereinafter referred to as the Cr.P.C.). The appellants were sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.5000/- each in default to suffer simple imprisonment for 3 years more for the offence punishable under Sections 302/34 of the I.P.C. It was further directed that in the event fine amount was realized, 50% of the same be remitted to the family of the deceased.
(2.) The backdrop of the prosecution case is discussed in a nutshell hereunder:- One Anarul Sk., PW 1, lodged a written complaint to the Officer-incharge, Tehatta Police Station, District-Nadia. According to the above complaint dated June 8, 1999, the PW 1 and his brother Asadul Sk. were working at 'Patal khet'. At about 08.00 hours on the above day, PW 1 went to fetch drinking water at a little distance from their aforesaid field. His aforesaid brother (the victim) was working alone at the above field at that point of time. According to the above written complaint, the appellants came there and began to assault the victim on his head, neck and hand with a sharp cutting weapon like 'dao'. The PW 1 heard the shouting of his aforesaid brother (the victim) but the appellants fled away before his arrival at the place of occurrence of offence. The de facto complainant (PW 1) brought his above brother to home with the help of the PW 2, PW 7 and two others in a dying condition. Thereafter, he was removed to Behrampur Hospital. According to the letter of complaint, the victim was fighting with death at that point of time. Ultimately, the victim expired on the same day at about 15.55 hours in the above hospital.
(3.) The surathal report over the dead body of the victim was prepared by Shri Sunil Sinha, Assistant Sub-Inspector of Police, Behrampur Police Station, (PW 8) in connection with Tehatta P.S. U.D. Case No.310/99 dated June 8, 1999. The above dead body was brought from the Behrampur General Hospital, Murshidabad, to the Police Morgue by Sri Mukti Singh, Home Guard attached to Behrampur Police Station on the same date. The formal FIR bearing Tehatta P.S. FIR No.97/99 was drawn up by Sri Tapan Ghosh, Sub-Inspector of Police, Tehatta Police Station, DistrictNadia, (PW 4) on June 8, 1999 at 13.15 hours against the appellants for committing offence punishable under Section 326/34 of I.P.C. During investigation the deceased succumbed to the injuries and Section 304 of I.P.C. was added. The post mortem examination of dead body of the victim was conducted on June 8, 1999 at 16.00 hours. According to the post mortem report dated June 8, 1999, the victim was assaulted with the help of hard object indiscriminately and brutally causing his death and the same was homicidal in nature. Amulya Charan Hazra, Sub-Inspector of Police, Tehatta Police Station, Tehatta, Disctrict-Nadia, was entrusted with the investigation of the case. A charge-sheet dated February 16, 2000 was filed in connection with the above case against the appellants for committing an offence punishable under Section 326/304/34 of I.P.C. showing the appellant no.2 as absconding. Thereafter, the appellant no.2 surrendered and he was enlarged on bail. Charge against the appellants was framed on December 16, 2005 for committing offence punishable under Section 302/34 of I.P.C. After considering the evidences on record (both oral and documentary) as also considering the statement of the appellants under Section 313 of Cr.P.C., the impugned judgment, order of conviction and the sentence were passed.;