Joymalya Bagchi, J. - (1.) At the outset, I am informed that the appellant no. 1 Nazrul Islam alias Nazrul Mondal has expired. This is not disputed by the learned counsel appearing for the State. Accordingly, appeal against the appellant no. 1 stands abated.
(2.) The appeal is directed against the judgement and order dated 17.12.2008 passed by the learned Additional Sessions Judge, 1st Court, Barasat, 24 Parganas (North) in Sessions Trial No. 3(2) 2002 arising out of Sessions Case No. 5(3) 1999 convicting the appellants for commission of offence punishable under Section 302/34 of the Indian Penal Code and directing them to suffer rigorous imprisonment for life and a fine of Rs.5,000/- (rupees five thousand), in default, to suffer rigorous imprisonment for two years more. It was further directed that the amount of fine, if paid, shall be paid to P.W. 8, the wife of the deceased by way of compensation.
(3.) The prosecution case, as alleged, against the appellants is to the effect that in the midnight of 30/31.01.1992 when Liakat Ali Mallick (P.W. 1) was asleep in his room he heard a sound of explosion of bomb and upon wakening he saw that a scuffling was going on between Hamida Khatoon (P.W. 2) and appellant no. 1, Nazrul Islam. Four or five miscreants were focussing torch and had hansua, bhojali and daa in their hands. The miscreants tried to enter his house and his aunt was trying to resist them. He saw the incident through a hole of his door. As the miscreants started banging on his door he tried to flee away from the rear door. When he was running away appellant no.2 Nasiruddin Mondal threatened him that they would kill him. He ran away taking advantage of the dark night and proceeded to call local people. Subsequently, he along with para people rushed to the house and found that his brother Asraf Ali Mallick lying inside his room in a pool of blood with incised injuries on his hand, head and neck. He also found Rokeya Bibi (P.W.8) and his younger brother who were weeping loudly as Asraf was murdered by the accused persons. He lodged written complaint with S.I. A. Banerjee resulting in registration of Amdanga P.S. Case No.17 dated 21.01.1992 under Section 302/34 of the Indian Penal Code and in conclusion of investigation, charge sheet was filed against the appellants as well as one Abadin Mondal and Golam Mondal under Section 302/34 of the Indian Penal Code.;