Debasish Kar Gupta, J. - (1.) This appeal is directed against judgement, order of conviction dated January 7, 2004 and sentence dated January 9, 2004, passed by the Learned Additional Sessions Judge, 4th Court, Nadia in Sessions Trial No. 11(7) of 2001 arising out of Sessions Case No. 16 (4) of 1997 by which all of the four appellants have been convicted for commissioning of offence punishable under Sec. 147 of the Indian Penal Code, 1860 (hereinafter referred to as the I.P.C.) and sentenced each of them to suffer rigorous imprisonment for one year as also convicted them for commissioning of offence punishable under Ss. 149/307 of the I.P.C. and sentenced each of them to suffer rigorous imprisonment for six years and to pay fine of Rs. 2,000/ - each in default to suffer rigorous imprisonment for six month each. All of the four appellants have been further convicted for commission of offence punishable under Ss. 149/302 of the I.P.C. sentencing each of them to suffer rigorous imprisonment for life and to pay fine of Rs. 2,000/ -each in default to suffer rigorous imprisonment for a further period of six months each subject to set off the period of detention of each of the appellants as provided under Sec. 428 of Cr.P.C. Five other accused persons, namely, Ram Ghosh, Mahadeb Ghosh, Santosh Saha @ Sutradhar, Paritosh Saha @ Sutradhar and Samar Halder @ Ghata have been acquitted from the charge levelled against them. The remaining one accused person, namely, Ratan Debnath was absconding and as such case was filed against him by an order dated February 18, 1997, after issuing "warrant proclamation attachment."
(2.) The backdrop of the case, in a nutshell, was as under: - - "On November 27, 1992, at about 10.30/11.00 hours, one Jayanta Das (victim) and Jadab Chakraborty of Shaktinagar Baikuntha Sarak, District -Nadia, (the de facto complainant and PW2), went to the house of one Sona Sarder of Ichapur, Dogachi, by a Cycle. Sona was not available at his home. They were returning back at about 10.30/11.00 hours. They were compelled to get down by some miscreants under the leadership of Ram Ghosh (Commissioner of Krishnagar Municipality), his brother Mahadeb Ghosh, Ratan Debnath, Dilip Das (appellant No. 1), Sadhan Saha, Amal Das (appellant No. 4), Panchu @ Samar Das (appellant No. 2), Putchkey @ Ram Prosad Saha (appellant No. 3) of Baikuntha Sarak, Santosh Saha of Beltala and others near Baikuntha Sarak Haribhushan Das Primary School (hereinafter referred to as the said primary school) with firearms and deadly weapons. They assaulted the victim and the PW 2 with the help of rod, "dao" (Chopper) and pipe gun. While the above miscreants were taking both of them to a "kalabagan" (Banana field) nearby, the PW 2 fell down on the way. He heard a sound from the above "kalabagan" which was normally raised when a goat was cut by its throat. The PW 2 realized that the victim was killed. Then the miscreants came towards the PW 2. He (PW 2) remained lying on the ground like a dead body. The miscreants left the place."
(3.) On receipt of an information on November 27, 1992, at 11.50 hours Nirojakhya Bhattacharya, Sub Inspector of Police, attached to Kotwali Police Station, Nadia, arrived at the place of occurrence at 12.25 hours. He recovered the dead body of the victim from the above "kalabagan" and held inquest examination at 13.35 hours on that date over the dead body of the deceased. He prepared the inquest report (Ext. -3/3). PW 3, PW 4 and PW 6 were the witnesses of the above inquest report. He further informed the inspector through R.T. and asked him for sending further force.;