DEBASISH KAR GUPTA , J. - (1.) These appeals are directed against the judgment, order of conviction dated June 14, 2012, and sentence dated June 14, 2012 passed by the learned Additional Sessions Judge, Fast Track 1st Court, Alipore in S.T. No.4(1) of 2003 arising out of S.C. No.21(1) of 2003 convicting eight appellants for commission of offence punishable under Section 302/34 of the Indian Penal Code (hereinafter referred to as the I.P.C.) and sentencing them to suffer rigorous imprisonment for life as also to pay fine of Rs.5000/ - each in default to suffer rigorous imprisonment of one year more.
(2.) The backdrop of the prosecution case in a nutshell is as follows: - On October 22, 2002, Abdul Latif Halder (the victim), his wife Jarina Bibi (the PW 1), his two daughters namely, Keshida (PW 3) and Rajina (PW 4) went to the varandah situated at the northern side of their residence situated at Village -Ghola Noapara, Police Station -Usthi, District -South 24 - Parganas for sleeping. Baqbull Islam Halder, son of the deceased went to sleep in the room adjacent to the aforesaid varandah.
(3.) At about 23.00 hours on the above day, the accused Saidul Haque Halder @ Kucho and Anowar Hussain Mollah (two of the appellants) called her husband. The PW 1 wake up while they were searching for her husband. Listening to her reply that her husband was not available there, the accused Saidul Haque Halder @ Kucho threatened her with dire consequences showing a knife. Other accused persons namely, Saidul Laskar, Sanowar Laskar, Ansar Laskar, Reajaul Laskar, Anowar Hussain Mollah, Anna Hussain Mollah and Ramjan Ali Sk. were also present at the place. The aforesaid accused persons found Abdul Latif Halder (the victim) and began to assault him with chopper. His wife (PW 1) started crying and caught hold of the feet of one of the accused persons, namely Musa. Musa asked the PW 1 to approach a person who was standing in the courtyard of the above house. The PW 1 found that accused Abdul Basar Laskar was standing there. She caught hold of his feet with the request to resist other accused persons from assaulting her husband. She was pushed down by him. The accused Abdul Basar Laskar told the other accused persons to finish the work quickly and to go away thereafter. At that point of time Sapuri Bibi and Asmuda Bibi (two sister -in -law) came there hearing hue and cry. After assaulting the victim further with the chopper on his head and left side of the body, the aforesaid accused persons left the place.;