Md. Mumtaz Khan, J. - (1.) The subject matter of challenge in these appeals are the judgment and order of conviction and sentence dated September 28, 2007 and September 29, 2007 respectively passed by the Ld. Additional District and Sessions Judge, Jangipur, Murshidabad in S.T. No. 7(9) of 2003 arising out of S.C. No. 117 of 2003. By virtue of the impugned judgment the appellants were convicted for the commission of the offence punishable under Sec. 302/34 of the Indian Penal Code (herein after referred to as IPC) and were sentenced to suffer rigorous imprisonment for life and also to pay fine of Rs. 5,000/ - each in default to suffer rigorous imprisonment for one year each.
(2.) The backdrop of these appeals is discussed below in a nutshell.
(3.) On May 26, 2002 at about 6.30 p.m. while complainant Muktar Khan (PW 1) was taking tea along with the victim Rabbul Khan at Alia More near Salam's tea stall then all on a sudden Senaul Sk. (appellant in CRA 660 of 2007), Sariful Sheikh (appellant in CRA 11 of 2008) and Jaynul Seikh @ Jainul Sk (appellant in CRA 63 of 2008) came there and caught hold Rabbul Khan and thereafter Jaynul Seikh @ Jainul Sk. struck the victim Rabbul Khan on his belly with a knife causing severe bleeding injuries therefrom. When the surrounding peoples rushed there all the accused -appellants fled away therefrom. PW 1 took the victim to Jangipur S.D. Hospital and therefrom he was referred to Berhampore Sadar Hospital but on the way to Berhampore Hospital victim succumbed to his injuries.;