Debasish Kar Gupta, J. - (1.) These appeals are preferred by the appellants assailing their conviction under Ss. 302/34 of the Indian Penal Code (hereinafter referred to as the I.P.C.) and sentence of suffering rigorous imprisonment for life passed by the learned Additional Sessions Judge, 3rd Court Alipore in Sessions Trial No. 2 (1) 2000 arising out of Sessions Case No. 48 (3)/1999 on December 4, 2004.
(2.) On receipt of an information on December 28, 1997 at 18.05 hours Nepal Chandra Pal (PW 12), Sub -Inspector of Police, posted at Patharpratima Police Station, District -South 24 -Parganas, went to Bahirchak, South 24 -Parganas, and found a dead body at the southern side of a pond in front of the house of one Rashid Gazi, son of Nasim Gazi, Bahirchak, South 24 -Parganas. He prepared surathal report of the dead body of Md. Ziaul Haque Molla on the same day, i.e. on December 28, 1997 at about 22.00 hours with the assistance of constable Sadananda Samanta with the help of a Hazzaq lamp in front of the house of aforesaid accused Rashid Gazi, on the basis of identification of the aforesaid dead body by one Md. Islam Naiya son of late Kali Hosain Naiya. The above dead body was sent to the Diamond Harbour S.D. Hospital, South 24 -Parganas, for post mortem examination.
(3.) A letter of complaint dated December 29, 1997 was submitted at 00.30 hours by one Md. Jahangir Naiya (PW 1) to the Officer -in -Charge, Patharpratima Police Station, at the spot. The letter of complaint under reference (Ext. -1) was scribed by Ismail Ali Naiya, the father of the PW 1.;