Sankar Prasad Mitra, J. - (1.) This appeal has been preferred against the judgment dated 5th August, 2000, passed by the learned Additional Sessions Judge at Raiganj District, Uttar Dinajpur, whereby the appellants namely, Tarit Kundu, appellant No. 1; Bishu Sarkar, appellant No. 2; Sahadev Sarkar, appellant No. 3; Shasti Sarkar, appellant No. 4; Paresh Sarkar, appellant No. 5 and Sukumar Ghosh, appellant No. 6 were convicted and sentenced under section 302/34 of IPC to suffer imprisonment for life each in connection with Sessions Case No. 47 of 1997 and Sessions Trial No. 18 of 1998 arising out of Raiganj P. S. Case No. 117 of 1995 dated 27th March, 1995 on the basis of a complaint lodged by de facto complainant, Shyamal Mullick.
(2.) The prosecution's case in brief is that on 27th March, 1995, the de facto complainant went to Raiganj Police Station and lodged a written complaint, vide Exhibit 1 series, scribed by one Mamood, alleging that after getting information from Gopal De, P.W. 3 and Sanjib Malakar, P.W.4 to the effect that the accused persons named in the complaint killed Raju Bose, the victim, nephew of P.W. 1 Shyamal Mullick, by assaulting him with Bhojali on the road near Dakshin Kasba, near Petrol Pump to the west of National Highway 34. It is further alleged that the accused Paresh Sarkar, appellant No. 5 and Sukumar Ghosh, appellant No. 6 restrained Raju on the way and directed other accused persons to kill Raju. Pursuant to that order accused Sahadev Sarkar, Bishu Sarkar and Sasthi Sarkar caught hold of Raju (victim), and accused Tarit Kundu stuck him on his back with Bhojali from behind and, as a result, the victim fell to the ground but accused Tarit further penetrated the said bhojali and the victim Raju Bose died on the spot. On the basis of this complaint, Raiganj P.S. started a Case No. 117 of 1995 against the appellants herein. The case was endorsed to S.I., Md. J. Mollah, by I.C., Raiganj P.S. for causing investigation. The deadbody of the victim Raju Bose was taken to Raiganj Hospital by Nepal De with the help of a rickshaw van. The S. I., J. Mollah, P.W. 11 took up the investigation of the case and he visited the place of occurrence, examined witnesses and recorded the statement under section 161 of Cr. PC, prepared rough sketch map with index of the P.O. vide Exhibit 6 series, held inquest in respect of the deadbody of the victim at Raiganj Hospital and arranged for sending the deadbody of the victim to Raiganj Hospital morgue for P.M. examination through H.G. 1735, Pran Gobinda Das, P.W. 10 under a deadbody challan vide Exhibit 3 series. At Raiganj Hospital morgue the deadbody was identified by P.W. 10 before Dr. R.B. Ghosh, P.W.9, who held P.M. examination on the deadbody of the victim on 27th March, 1995 and prepared P.M. report wherein he opined that the death of the victim was caused due to shock as a result of anti-mortem wound and haemorrhage and homicidal in nature. The I.O. in course of investigation seized P.M. blood, wearing apparel of the victim under a seizure list in presence of witnesses vide Exhibit 4 series. The I.O. on his transfer, handed over the Case Diary to I..C. Raiganj on 16th September, 1995 and thereafter P.W. 12, Sujit Kr. Ghosh submitted chargesheet against all the accused persons (appellants) tinder section 302/34 of IPC. The appellants were charged under section 302/34 of IPC and they pleaded not guilty. It is the further defence of the appellants that they were falsely implicated as there was strained relationship with the victim. It is also the defence of the appellant No. 6, Sukumar Ghosh that on the date of occurring of the incident he was attending his duty as an employee of N.B.S.T.C. at Raiganj depot and as such, he had no occasion to remain present at the P.O. where the incident occurred on 27th March, 1995. In this connection, appellant No. 6 adduced evidence through DWS. 1, 2 and 3 and for the rest one witness was examined as D. W. 4. In support of his defence, appellant No. 6 had exhibited attested copy of attendance register of N.B.S.T.C., Store Section, (Exhibit A), copy of chargesheet with regard to G.R. Case No. 643 of 1993 (Exhibit B), ration card of Sukumar Ghosh, (Exhibit C) and certificate of Voter's list (Exhibit D). On the other hand, the prosecution has examined as many as 12 witnesses including the I.O. and Doctor, who held the P.M. examination. Witnesses, P.W. 6, Nepal Karmakar and P.W. 8, Ananta Biswas had been declared hostile by the prosecution P.W.2, Nepal De and P.W. 3, Gopal De are the eye-witnesses examined in this case from the side of the prosecution. The prosecution in order to prove their case also exhibited the written complaint, Exhibit 1 series, inquest report, Exhibit 2 series, deadbody challan, Exhibit 3 series, seizure list, Exhibit 4 series, formal FIR, Exhibit 5 series, sketch map with index, Exhibit 6 series and the seized articles proved by Pran Gobinda Das, PW 10 vide Material Exhibit I to VI. The learned Trial Judge after considering the testimonies of prosecution witnesses as also the documents produced in this case from both sides came to a conclusion that it was the appellants who in furtherance of their common intention killed the victim Raju Bose on 27th March, 1995 between 9.00 to 9.30 a.m. on the western side of N.H. 34 near a petrol pump shown in the sketch map as 'A'.
(3.) Being aggrieved by this order of conviction and sentence imposed upon the appellants the judgment of the Trial Judge has been assailed in this appeal.;