ASHIM KUMAR ROY, J. - (1.) On December 16, 2005 at around 2:00 P.M. the victim Sankar Ghosh along with his mother Mamata Ghosh (PW/1) was returning from field after their day 's work. While they were approaching towards their house, 10 miscreants, namely, Swapan Ghosh, s/o Kalipada Ghosh Mantu Ghosh, s/o Sushanta Ghosh, Hari Ghosh, s/o Meghnath Ghosh, Bapi Ghosh, s/o Srifal Ghosh, Khokhan Ghosh, s/o Sahadeb Ghosh, Shakto Ghosh, s/o Sahadeb Ghosh, Gora Ghosh, s/o Nityan Ghosh, Sona Ghosh, s/o Joydeb Gjhosh, Banamali Ghosh, s/o Shibu Ghosh, Kalipada Ghosh, s/o Late Netai Ghosh, being armed with various deadly weapons, surrounded them from all sides. Then out of previous grudges, they pounced upon them and the victim was, indiscriminately assaulted with sharp cutting weapons and killed. In the meanwhile, being attracted by the alarm for help raised by his mother (PW/1), his brother (PW/5), wife of the victim (PW/4) and many villagers rushed to the spot and the accused persons fled away.
(2.) Following the aforesaid incident, PW/1, Mamata Ghosh lodged an FIR with the Dhubulia Police Station and a specific case was registered. The police after completion of investigation submitted charge -sheet against all the above FIR named accused, showing Kalipada Ghosh, Swapan Ghosh and Krishna Ghosh @ Bapi absconding. When the Court before which the charge -sheet was submitted filed the case (vide order passed by the learned Chief Judicial Magistrate, Krishnanagar, Nadia on 05.06.2006) committed the case to the Court of Sessions for trial of seven accused persons, who were available before it and that gave rise to Sessions Case No. 36(8)06. Then the case was transferred for trial to the Court of the learned Additional Sessions Judge, 2nd Court, Nadia and Sessions Trial No.I (IX) 06 was registered. In connection with the said trial on September 5, 2006 charge under Sections 302/34 of the Indian Penal Code was framed against the seven accused persons, namely, Sonatan Ghosh, Hari Ghosh, Sakti Ghosh, Gora Ghosh, Khokon Ghosh, Mantu Ghosh and Banamali Ghosh. Subsequently, after his arrest, the accused, Kalipada Ghosh was produced before the trial Court and was tagged in the said trial and against him charge for selfsame offence was framed on November 21, 2006.
(3.) Finally, in the said trial all the eight accused persons were found guilty for having committed offence punishable under Sections 302/34 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Rs. 5,000/ - each with default clause and it was further directed that if the fine amount be realised then 50% of the sum be remitted to the wife of the deceased, namely, Radha Rani Ghosh.;