Debasish Kar Gupta, J. - (1.) The subject matter of challenge in this appeal is judgment, order of conviction and sentence dated May 31, 2011, passed by the Additional Sessions Judge, 1st Fast Track Court, Berhampur, District -Murshidabad in Sessions Trial No. 2(1)/2009 arising out of Sessions Case No. 778/2008.
(2.) By virtue of the impugned judgment five (5) accused persons, namely, Manas Pramanick @ Baban, Dilip Nath @ Butan, Satya Das, Subrata Bhattacharya @ Bachchu, and Sawkat @ Sabakat @ Jajabar Sk. out of eight (8) were acquitted from the charge framed against them giving them benefit of doubt. The remaining three (3) accused persons (the appellants herein), namely, Gopal Chandra Das, Swarup Mondal @ Buro and Biplab Dey @ Mona were convicted for commission of offence punishable under Ss. 302/34 of the Indian Penal Code (hereinafter referred to as the I.P.C.) and sentenced them to suffer imprisonment for life and to pay a fine of Rs. 20,000/ - each. The appellants were further convicted for commission of offence punishable under Ss. 307/34 of the I.P.C. and sentenced to suffer rigorous imprisonment for ten (10) years and to pay a fine of Rs. 10,000/ - each in default to suffer rigorous imprisonment for one (1) year each.
(3.) It was further directed by the learned trial Judge that if the fine amount is realised for commission of offence punishable under Ss. 302/34 of the I.P.C., 50% of the fine amount would be remitted to the nearest relative of the victim Srijan Mondal @ Trophy towards compensation and if the fine amount is realised from the convicts for commission of offence punishable under Ss. 307/34 of the I.P.C., 50% of the fine amount should be paid to the victim Sujoy Brahma towards his medical expenses.;