MD.MUMTAZ KHAN, J. - (1.) This appeal has been preferred by the appellants assailing the judgment and order of conviction dated February 23, 2011 and sentence dated February 24, 2011 passed by the learned Additional Sessions Judge, 1st Court, Bankura in Special Case No. 5 of 1998. By virtue of impugned judgment appellants and one Sanatan Sen, since deceased, were convicted only for commissioning of the offence punishable under Section 302/34 of the Indian Penal Code (hereinafter referred to as IPC) and were sentenced to suffer imprisonment for life with fine of Rs. 5,000/- each in default to suffer simple imprisonment for a further period of 03 months each with a direction for set off as per provisions of 428 of Code of Criminal Procedure (hereinafter referred to as Cr.P.C.). The prosecution case, in brief, is as follows:- On February 25, 1992 in the morning while the victim was ploughing their land of plot No. 18 under Kuchaipal Mouza for planting Boro paddy and P.W.1 was sitting there on the 'ail' (ridge) (boundary of the land), then at about 8.30 a.m. all on a sudden appellants along with Sanatan Sen armed with axe, lathi, bow and arrows came there and attacked the victim. Appellant Netai Sen shot arrow towards the victim which struck below his left eye, appellants Baidyanath Sen and Sanantan Sen assaulted victim with lathi as a result he fell down on the ground. Appellants Shiba Sen and Baidyanath Sen then dragged the victim on the 'aile' (ridge) (boundary of the land). Appellant Shiba Sen then struck victim on the back portion of his head with an axe causing cut and bleeding injury therefrom. P.W.3 on hearing cries of P.W.1 came there and informed the villagers. Villagers then came there and took the victim to Gurpahar and therefrom to Raipur Hospital where he was declared dead. P.W.2, who had been to the Raipur PHC to see the victim on hearing about the incident of marpit/katakati and the admission of the victim there, scribed the complaint (Ext.1), as per request and statements of the wife of the victim (P.W.1). P.W.1 then submitted the said complaint at the Raipur P.S.
(2.) On the basis of above written complaint, a Raipur P.S. Case No. 14/92 dated February 25, 1992 under Section 326/302/34 IPC was started against the appellants and accused Sanatan Sen by S.I. Ram Prasad Banerjee, the then officer-in-charge Raipur P.S. and himself took up investigation of the case. Thereafter, it was investigated by P.W.17 and finally by S.I. Asis Nandi, since deceased, and on completion of investigation charge sheet being No. 1/95 dated January 21, 1995 under Section 302/34 IPC was submitted against the appellants and Sanatan Sen.
(3.) Inquest over the dead body of the victim was held by P.W.19 on the same day i.e. on February 25, 1992 at Raipur PHC from 14.45 hrs. to 15.45 hrs. in presence of P.W.1, P.W.10 and one Saikat Kundu and cut injuries were detected below left eye and on the backside of head on the upper neck and swelling on the back of the victim and the name of the appellants and Sanatan Sen were described as assailants and the nature of the weapons used were also recorded therein.;