DEBASISH KAR GUPTA ,J. - (1.) This appeal is directed against judgment and order dated September 16, 2006 and sentence dated September 19, 2006 passed by the learned Additional Sessions Judge, Fast Track 2nd Court, Rampurhat, District - Birbhum in Sessions Trial No.13 of 2003 arising out of Sessions Case No.38 of 2000 convicting the appellants for commission of offence punishable under Sections 302/34 and 201/34 of the Indian Penal Code (hereinafter referred to as the I.P.C.) as also under Section 27 of the Arms Act read with Section 34 of the I.P.C.
(2.) On September 23, 1998 one Ekamuddin Sk. (deceased person), son of late Taiyab Sk. of village -Bankura, Police Station -Maheshpur, District - Birbhum was returning back to his home from Pakur after completion of his work. He got down from train at Murarai station. Then he took his bicycle from the Tailor's shop "Samrat Tailor". He kept his bicycle at the house of a known person situated at Village -Bhushana. He started the journey on foot through a narrow lane leading towards his home. At that point of time his elder brother Niyamat Sk. (PW 2) came to receive him. He was moving down the above lane keeping his aforesaid brother (the deceased person) behind him. He looked at his back hearing a noise. He found that the appellants had attacked the deceased person.
(3.) Appellant Jenhar Sk. caught hold of the hands of the deceased and appellant Munkir Sk. opened fire from his firearm aiming at the deceased. Out of fear, the PW 2 started running towards his village. After informing the villagers of the above incident, he came back to the place of occurrence along with other villagers including PW 1 and PW 6. Though they found blood stain at the place of occurrence, the deceased person could not be found out by them. They went to the Murarai Police Station. After informing the above incident, they came back to the place of occurrence with police. Even then the deceased person could not be traced out.;