- (1.) THIS appeal is directed against the judgment and order dated 19th July, 1994 , passed by Sri Arup Das, Additional Sessions Judge, 3rd Court, Murshidabad, in Sessions Trial No. 2 of July 19,1994, arising out of Sessions Serial Case No. 72 of 1993 convicting the appellant Nos. 1 to 3 under Section 302 read with Section 34 of the Indian Penal Code, and the appellant Nos. 4 to 8 under Section 304 ( Part-l) of the Indian Penal Code. All the appellants were also convicted under Section 201 of the Indian Penal code. By an order passed on 20th July,1994, the appellant Nos. 1, 2 and 3 were sentenced to suffer rigorous imprisonment for life. No separate sentence for offence punishable under Section 201 of the Indian Penal Code was, however, passed. The appellant Nos. 4 to 8 were sentenced to suffer rigorous imprisonment for a period of eight years each. No separate sentence under section 201 of the Indian Penal Code was, however, passed.
(2.) THE facts and circumstances of the case briefly stated are that jayanta Pal, the deceased, and his brothers were carrying on business, inter alia, of running a mill. One Asmat was the guard of that mill. Jayanta pal and his brothers were followers of R. S. S. and Biswa Hindu Parishad. They appear to have performed Ramshila Puja which allegedly angered the members of the minority community and the members belonging to the C. P. M. Party. They are alleged to have threatened the Pal brothers of dire consequences.
(3.) THE case of the prosecution appears to be that consequent to such threat, Asmat, the watchman working in the mill belonging to the deceased and his brothers, refused to work any further. He, as a matter of fact, around ten days prior to the date of incident, returned the keys to them. On 22nd october, 1989, Jayanta Pal went to the mill for the purpose of sleeping there because there was no guard. On 23rd October, 1989, in the morning his body was found from a nearby pond. Extensive injuries were found on his dead body and the death was stated to be by reason of asphyxia. The eight appellants together with one Nikhil and Darjil were charge-sheeted. Nikhil and Darjil died during the pendency of the case. Rest of the eight accused persons were convicted and punished in the manner indicated above. The appellant izmat is the father of the said watchman Asmat.;