Sankar Bhattacharyya, J. - (1.) For committing murder of one Prem Bahadur alias Kalu in furtherance of their common intention Kartick Biswas and Sisir Roy, the two appellants before us, have been convicted by the learned Additional Sessions Judge, 11th Court Alipore, under section 302 34, Indian Penal Code and sentenced to imprisonment for life. The above order of conviction and sentence is under challenge in this appeal.
(2.) Briefly stated, the prosecution case is as follows : Paltu Dutta (P.W. 6), Dilip Bose (P.W. 7), Nepal Dinda (P.W. 8), Soumen Sarkar (P.W. 9), Kamala Das, (P.W. 11) and several other young men of Watgunj set up a club in a derelict room in the ground floor of premises no. 1/1C, Padmapukur Square, which is a dilapidated house. They illegally took electric connection to the room from an electric pole of the Calcutta Corporation to facilitate playing of cards at night. Kamala (P.W. 11) who was unemployed used to sweep the room and do other odd jobs like bringing tea cigarettes etc. for the members.
(3.) On April 11, 1982, round about midnight Dipak (P.W. 4). Palm (P.W. 6), Nepal (P.W. 8) and Soumen (P.W. 9) were playing cards in the dub room when the deceased Kalu arrived there and engaged himself in gossips with them. Shortly after midnight, the two appellants brust into the room shouting that they had got the scoundrel. Immediately after their arrival, appellant Kartick plunged a goopti into Kalu's abdomen. Injuries were also inflicted by Kartick on other parts of Kalu's body. Kalu somehow managed to push them aside and pressing his abdomen with both hand started running for life, being chased by the appellants. He ran along Hem Chandra Street and finally entered into Nazir Lane where lie was caught by the appellants and brutally assaulted with goopti and knife.;