Debasish Kar Gupta, J. - (1.) This appeal is directed against the Judgment, order of conviction dated July 15, 2009, and sentence dated July 16, 2009, passed by the learned Additional District & Sessions Judge, 4th Fast Track Court, Jangipur, Murshidabad in Sessions Trial No. 8/May/2007 arising out of G.R. Case No. 277/89 and T.R. Case No. 429 of 2004 convicting thereby the appellants for commission of offence punishable under Sec. 302/34 of the Indian Penal Code (hereinafter referred to as the I.P.C.) and sentencing them to suffer imprisonment for life as also each of them to pay fine of Rs. 1000/ -, in default to suffer rigorous imprisonment for a further period of six month each. The appellants were further convicted for commissioning of offence punishable under Sec. 324/34 of the I.P.C. and sentenced them to suffer rigorous imprisonment for one year. The appellants were also convicted for commissioning of offence punishable under Sec. 9 (B) (2) of the Indian Explosive Act, as also sentenced them to suffer one year rigorous imprisonment. All sentences were directed to run concurrently. On payment of fine, a sum of Rs. 1000/ - was directed to be paid to the PW 1 as compensation.
(2.) The case of the prosecution is that on April 28, 1989 one Bibhuti Mondal, the de facto complainant (PW 1) was sleeping on a rope cot beneath a jack fruit tree in the open terrace attached to his partly completed residential house situated at Dwipchar village, District -Murshidabad, with his wife Bharati Mondal, (victim), daughter Pusparani Mondal, since deceased, and two sons, namely, Rupchand Mondal and Dasharath Mondal respectively. At late night, i.e. on April 29, 1989 at 01.00 hours, the de facto complainant awakened hearing the sound of a bomb blast. It was a moonlight night and the PW 1 put on his torchlight. The PW 1 found Ram Mondal (appellant No. 1), Brojen Ghosh (appellant No. 2) and one Chamatkar Mondal of Village -Teghari, District -Murshidabad and 2/3 other persons in front of them. They hurled another bomb causing serious injury to the wife of the PW 1 and his aforesaid children. A third bomb had been hurled by them but no further harm was caused. The condition of the wife of the PW 1 (the deceased) was critical. Subsequently, she breathed her last at the place of occurrence. PW 6 and PW 7 were initially treated at Teghori Block Primary Health Centre. Subsequently, they had to be transferred to Jangipur Sub -Divisional Hospital for their treatment as indoor patient.
(3.) On April 29, 1989, PW 1 lodged a complaint in the Raghunathganj Police Station, Jangipur, District - Murshidabad. The formal FIR bearing No. 70/89 was drawn on the same day at 12.15 hours against the appellants and one Chamatkar Mondal for commissioning of offence punishable under Ss. 302/326/34 of the I.P.C. and Sec. 9 (B) (2) of the Indian Explosive Act. It was disclosed in the FIR that de facto complainant (PW 1) had a dispute with the accused when he had been staying at Village -Teghori, District - Murshidabad. He had to leave the above village due to torture caused by the appellants and to start living in Village -Dwipchar, District -Murshidabad, constructing a residential house there. According to his complaint, it was the cause of the above attack resulting in death of his wife at the place of occurrence as also sustaining of injuries by his children.;