AMITABHA CHATTERJEE,J. - (1.) Both the Criminal Appeal No. 302 of 2008 and Criminal Appeal No. 352 of 2008 are taken up together for hearing as those appeals arose out of self-same judgment of conviction and order of sentence dated 29.1.2008/30.1.2008 passed by the learned Additional Sessions Judge, 3rd First Track Court, Berhampore, Murshidabad in Sessions Case No. 321/2007 convicting them under section 302/34 of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for life and to pay a fine of Rs. 1,000/- in default to undergo simple imprisonment for 3 years for the offence under section 302/34 of the Indian Penal Code.
(2.) The prosecution Case to put In brief is that the de-facto complainant Ambika Paul aged about 15 years daughter of Naren Paul, of village Chandpur Kutipara, P.S. Nawda, District Murshidabad lodged a written complaint before the O.C. Nawda police station Nawda District Murshidabad to the effect that on the night of 27.6.2006/28.6.2006 after eating the de-facto complainant along with her brothers and sisters and with their parents were sleeping at varanda of their house. About 12:30 to 1 :00 hrs. six persons young aged came and opened their mosquito curtain. Out of them one person pulled her elder sister and another was pulling her by holding her hands. They raised hue and cry, then her elder brother Santi Gopal aged about 17 years asked them about the reason for the same. Then another person told him to shut up, otherwise he would shoot him. Thereafter, that person shot her elder brother from his pistol. Her brother went to the varanda and he was deeply injured in his chest and oozing blood. After sometime passed her elder brother Santi Gopal died. On hearing their hue and cry some adjacent neighbors came there and they told them about the incident that miscreants came there to outrage modesty of their two sisters and they were pulling them by holding their hands. She would be able to identify them.
(3.) On the basis of such written complaint the Nawda P.S. G.D. Entry No. 981 Case No. 83 of 2006 dated 28.6.2006 under section 448/354/ 302/34 of the Indian Penal Code read with section 25/27 Arms Act was registered. That Case was investigated into and on completion of investigation charge - sheet was submitted under section 448/354/302/ 34 of the Indian Penal Code read with section 25/27 Arms Act against the present two appellants namely 1. Amirul Sk @ Amanul @ Amanulla 2. Billal Mondal along with 3. Khaira Sk, @ kaimuddin Sk and Osman Sk. Thereafter the Case was placed for trial before the Learned Additional Sessions Judge, 3rd, First Track Court Berhampur which framed charge under section 302/34 of the Indian Penal Code against the present two appellants and two others. After conclusion of the trial the learned Additional Sessions Judge held both the appellants Amirul Sk@ Amanul @ Amanulla 2. Billal mondal guilty and convicted them as aforesaid. While the rest accused persons namely Khaira Sk, @ kaimudding Sk and Qsman Sk. Were acquitted from the charges levelled against them.;