Alok Kumar Basu, J. - (1.) Five appellants in all being convicted under section 302/34 of the IPC and also under section 9B(1)(b) of the Indian Explosives Act by the learned Additional Sessions Judge, Fast Track Court. Bolpur in the district of Birbhum in connection with Sessions Trial No.3 of January, 2003 corresponding to Sessions Case No. 123 of 2002 have preferred this appeal challenging the said conviction order.
(2.) The prosecution case in brief was that on 6th February, 2001 at about 10.30 p.m. when Sk. Sariat of village Lagosha under P.S. Labpur was returning home after closing video hall at Tarulia Hat, the present appellants in furtherance of their common intention encircled him and Sk. Basir and Manjur charged two bombs targetting him near the southern side of the road near Laghosa Primary School. Sk. Sariat being charged with one of the bombs on his back fell down with serious bleeding injuries and hearing his alarm Sk. Asgar Ali and other relatives came on the spot and soon thereafter Sk. Sariat was shifted to hospital where he was pronounced dead. Sk. Sariat on his way to hospital disclosed the name of the present appellants as his assailants.
(3.) Sk. Asgar Ali lodged the written complaint relating to the occurrence at Labpur P.S. and thereafter Labpur P.S. started the case against the present appellants.;