Joymalya Bagchi, J. - (1.) Report is submitted by the learned Additional District and Sessions Judge, First Court, Contai, with regard to the age of the appellant no. 1 as it was claimed that he was a minor at the time of commission of offence. From the report it appears that appellant no.1 was found to be 17 years and 11 days at the time of commission of offence and, therefore, he was held to be juvenile in conflict with law. Such report is kept on record.
(2.) The appeal is directed against the judgement and order dated 21.11.2014 and 24.11.2014 passed by learned Additional District and Sessions Judge, First Court, Contai, convicting the appellants for commission of offence punishable under Section 302 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for life each and to pay a fine of Rs.5,000/- each, in default to suffer simple imprisonment for six months more.
(3.) The prosecution case, as alleged, against the appellants is to the effect that on 03.06.2005 while the deceased, Swapan Kumar Ghorai, was taking his wife Kousalya Ghorai to the doctor. The appellants accosted them and dragged down Swapan Kumar Ghorai towards their house over the issue of old litigation. An altercation was ensured between themselves whereupon appellant no. 1, Arjun Ghorai, the juvenile stabbed Swapan Kumar Ghorai with his knife on the chest while Manoranjan Ghorai held the hands of the victim. Upon hue and cry being raised, neighbours ran to the spot and the appellants fled away. The victim was initially taken to Mugberia Primary Health Center for treatment and thereafter shifted to Tamluk Hospital where he was admitted and finally to P.G. Hospital where he expired on 30.08.2005. While the victim was in hospital, first information report was lodged by his wife Kousalya Ghorai being -Police Station Case No. 32 of 2005 dated 03.06.2005 under Sections 326/307/34 of the Indian Penal Code. Upon death of the victim, offence under Section 302 of the Indian Penal Code was added. Upon completion of investigation charge sheets was filed and the case was committed to the Court of Sessions and transferred to the court of Learned Additional Sessions Judge, First court, Contai for trail and disposal. Charges were framed against the appellants and under Sections 326/34, and under Sections 307/34 of the Indian Penal Code and under Sections 302/34. The appellants pleaded not guilty and claimed to be tried. Prosecution examined twelve witnesses and exhibited number of documents. The defense of the appellants was one of innocence and false implication. In conclusion of trial the learned Trial Judge convicted and sentenced the appellants, as aforesaid. Hence the present appeal.;