Indrajit Chatterjee, J. - (1.) This appeal has been directed against the judgment and order of conviction as passed by the learned Additional Sessions Judge, First Court, Bankura on 07.02.1989, wherein the learned Trial Court was pleased to convict the present appellants in respect of the charge under Sec. 302 of the Indian Penal Code (hereinafter called as the said Code) read with Sec. 34 of the said Code for the murder of the victim Batul Ghosh in furtherance of their common intention and sentenced them to suffer imprisonment for life and also directed to pay fine of rupees thirty thousand (30,000/ -) each in default to suffer rigorous imprisonment for five years.
(2.) The learned Trial Court was further pleased to sentence the present appellants to suffer further period of rigorous imprisonment for one year each and to pay fine of rupees five thousand (5,000/ -) each in default to suffer further three months of rigorous imprisonment for the offence punishable under Sec. 323 of the Indian Penal Code for causing hurt to the victim Menoka Ghosh. The accused/appellants were further sentenced to suffer the same term of imprisonment for the offence punishable under Sec. 323 of the said Code in respect of causing hurt to the other victim Pachai Ghosh. The learned Trial Court further passed an order that the sentences will run consecutively and that a sum of rupees one lakh (1,00,000/ -) out of the total fine amount so realised shall be given to the widow of the deceased Batul Ghosh and in case of her death to her legal heirs.
(3.) The prosecution case before the learned Trial Court can be stated in brief thus, that on 10.10.1984 at about 1.45 a.m. one Nabani Bauri, the local MLA of Gangajalghati Constituency, within the district of Bankura, accompanied by one Manik Ghosh, the Gram Pradhan of Barsal Gram Panchayat and Arun Bajpayee, a member of the Zilla Parishad of the said district came to the Officer -in -Charge (hereinafter called as O.C), Gangajalghati Police Station and informed that there was some tension at village Baralalpur as one Batul Ghosh of the village Palajuria had a clash with some men of the village Baralalpur in course of which Batul Ghosh sustained injuries. The matter was diarised as per GD Entry No. 200 dated 10.10.1984 at 1.45 a.m and the said O.C himself went to that village along with one Sub -Inspector of Police J. Ghosh and a police contingent of sufficient strength. The said O.C left the Police Station at about 1.55 a.m on 10.10.1984 as per GD Entry No. 201 dated 10.10.1984 and reached Baralalpur village at about 3 a.m. and on reaching the said village they found that a dead body was lying in a paddy field about 100 cubic from the village tank called as Talgaria and he identified the dead body as that of Batul Ghosh who was known to him from before as he was an accused in a dacoity with murder case. The Chaukidar of that area was also found near the dead body along with Pagal Ghosh, that is, the brother of the victim and also the FIR maker.;