SANKAR ACHARYYA, J. - (1.) Initially this appeal was preferred by five appellants namely Biplab Karmakar @ Dilla, Tapan Karmakar, Sushanta Karmakar, Smt. Usha Karmakar and Dwigen Karmakar. During pendency of this appeal Dwigen Karmakar had passed away. Other four appellants are detained in correctional home.
(2.) This appeal has been directed against the judgment dated 04.05.2007 with orders of conviction dated 04.05.2007 and sentence dated 05.05.2007 (hereinafter called as impugned judgment) of imprisonment for life and fine of Rs.3000/ - each in default to suffer rigorous imprisonment for six months against above named five appellants passed by learned Sessions Judge, Cooch Behar under Section 302/34 of the Indian Penal Code (in short I.P.C.) in Sessions Trial No. 7 (9) 05 corresponding to Sessions Case No. 94 of 2005.
(3.) The case which was tried in the Court of learned Sessions Judge was originated at Tufanganj police station (in short P.S.) on receiving a written information of Bablu Sutradhar on 26.01.2003 at 7:35 p.m. against six accused persons including one Samir Karmakar and above named five appellants. After completion of investigation police submitted charge -sheet against all the six FIR named accused persons under Section 302/34, I.P.C. Since accused Samir Karmakar was absconding the case against him was filed under order dated 30.09.2004 passed by learned Sub - Divisional Judicial Magistrate, Tufanganj and thereafter the case was committed to the Court of learned sessions Judge. The case was not tried against said Samir Karmakar and keeping pending the case against him the case was tried against the rest five accused persons. After full trial the impugned judgment of conviction and sentence was passed against five appellants.;