Siddhartha Chattopadhyay, J. - (1.) These two criminal appeals arose from the order of conviction dated 14.07.2003 and Order of Sentence dated 15.07.2007 passed by the learned Additional Sessions Judge, Second Court Murshidabad in connection with Sessions Trial No. 128 of 2002. The appellants mainly challenged the said order of conviction on the ground that the learned Court below failed to appreciate the evidence of the prosecution witnesses in its proper perspective. Had it been scrutinized seriously, in that event the learned Court below could have found many discrepancies in the testimonies of the witnesses and in that case order of acquittal would be passed.
(2.) The basis for setting the law into motion is the First Information Report (FIR) lodged by Gadare Paharia, in which he has ventilated his engrafted pain of losing his brother and he raised his finger against the convicts/appellants, who according to him are responsible for the untimely departure of his brother from this world. According to him, on 28th December 2000, at around 8 p.m. Ganesh Das and Sattar Sk. (both are convicts/appellants) were under influence of liquor started off using filthy languages. The victim protested. Being aggrieved they had started to stab on the chest of the victim by bhojali. At that point of time of Shyamal Paharia and Bimal Paharia were present at the place of occurrence. They took injured victim to Lalbagh Hospital and admitted thereto and therefrom he was transferred to Baharampur Sub Divisional Hospital, where the victim breathed his last. After the post mortem is over, the FIR was lodged.
(3.) In course of investigation, Investing Officer has recorded the statement of the witnesses under Sec. 161 Cr. P.C., collected inquest report and post mortem report, prepared rough sketch map with index and after the completion of investigation he has submitted charge sheet under Sec. 304 Part -I read with Sec. 34 of the Indian Penal Code (IPC). Charges were framed accordingly by the learned Additional Session Judge and it was read over and explained to them to which the appellants pleaded their ignorance and claimed to be tried. After taking the evidence of prosecution witnesses, learned Court below has examined the accused persons under Sec. 313 of the Criminal Procedure Code (Cr. P.C.) and after hearing both sides, the learned Court below was pleased to find the appellants guilty and recorded order of conviction and sentence as regards the charge framed against them.;