Md. Mumtaz Khan, J. - (1.) Appellants have preferred the instant appeal assailing the judgment, order of conviction and sentence dated November 18, 2008 and November 19, 2008 respectively passed by the Ld. Additional Sessions Judge, Fast Track First Court, Arambagh, Hooghly, in Sessions Trial No. 29(7) of 2008 arising out of Sessions Case No. 45 of 2006. By virtue of the impugned judgment appellants along with one Sk. Md. Hossain Gora were convicted for commissioning of the offence punishable under Section 148/448/302/149 of the Indian Penal Code (hereinafter referred to as IPC) and were sentenced to suffer rigorous imprisonment for life and fine of Rs. 25000/- in default to suffer rigorous imprisonment for another one year for the offence punishable under Section 302 read with Section 149 IPC, rigorous imprisonment for 3 years each and fine Rs. 1000/- each in default to suffer imprisonment for six months for the offence punishable under Section 148 IPC and to suffer rigorous imprisonment for one year each for the offence punishable under Section 448 IPC with a direction for all the substantive sentences shall run concurrently with usual set off under the provisions of Section 428 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.) subject to the provisions of Section 433A Cr.P.C.
(2.) The case of the prosecution, in brief, is as follows:- On May 25, 2006 at around 8 p.m. appellants along with other 15/20 miscreants of the village in furtherance of their common object forcibly dragged the victim Johur Ali from his house and took him near a canal while beating him on the way by bamboo stick, wooden stick, kicks and blows. While taking the victim, appellants and the miscreants were threatening that they will end his political activities and kill him and did not pay any heed to the plea of mercy by sons, daughter and wife of the deceased who were following them rather they were also threatened by them. Thereafter, on hearing cries when the villagers came running, those miscreants fled away therefrom. Due to assault, victim sustained injuries on his person and became unconscious and on arrival at the Arambagh hospital he was declared brought dead.
(3.) On the basis of the information received from the Arambagh SubDivisional hospital on May 25, 2006 at 23.15 hrs. about death of the victim, A.S.I, Buddhadev Sarkar started Arambagh P.S. U.D. Case No. 117 dated May 25, 2006 (Ext.13) after making necessary G.D. Entry and on the basis of the said U.D. Case, P.W.15 held inquest over the dead body of the victim on May 26, 2006 at 10.05 a.m. at the Arambagh SD hospital in presence of P.W.1, P.W.5 and P.W.8 and prepared the inquest report (Ext.2). The dead body of the victim was, thereafter, sent for post mortem examination through the constable No. 2622, Bidyut Nandi along with dead body chalan (Ext. 14).;