SHIVAKANT PRASAD, J. - (1.) This appeal is directed against judgment and order dated 29.02.2008 passed by the learned Additional Sessions Judge, Fast Track 2nd Court, Malda, in Sessions Trial Case No. 91 of 2004 corresponding to Manikchak P.S. Case No. 17 of 2000 being G.R. Case No. 234 of 2000 convicting the accused appellants under Section 364/109 of Indian Penal Code and sentencing them to imprisonment for life and fine of Rs. 5,000/ - each in default to suffer rigorous imprisonment for sixty days and the appellants were further found guilty for the offence punishable under Section 302/109 of the Indian Penal Code and sentence to suffer imprisonment for life and to pay a fine of Rs. 5,000/ - each in default to suffer rigorous imprisonment for another sixty days and directed that both the sentences under Sections 364/302/109 of the Indian Penal Code.
(2.) The brief fact leading to this appeal is that on 12.02.2000 at about 11 P.M. in the night the appellants called the deceased Mahab Ali from his Khosbartola residence to settle the dispute of land and took the deceased with them. On the next morning on 13.02.2000 at about 6 A.M., the deceased was found hanging from a 'babla' tree in the wheat field of Saifuddin Ali at Narottampur Mouza. 'Lungi' and 'genji' which the deceased Mahab Ali wore, were in torn condition and stain of blood were found on the ridge of land at few distance and the wheat plants were found scattered. The dead body was seen with blood coming out of nose and with the mark of strangulation on the neck. It is alleged that accused persons namely, Tamij Ali and Serajul Ali had killed his elder brother Mahab Ali by strangulation and the dead body was hanged up on the 'babla' tree.
(3.) On the basis of complaint, Manikchak P.S. Case No. 17 of 2000 under Sections 364/302/201/34 IPC was started and accused persons were arrested by the I.O. On completion of the investigation, I.O. submitted Charge -sheet being No. 100/2000 against the accused persons under Sections 364/302/201/34 of the IPC. After the case was committed to the Court of Sessions, charges under sections 364/302/109 of the IPC were framed against the said accused persons who abjured the guilt and claimed a trial.;