Joymalya Bagchi, J. - (1.) The appeal is directed against the judgment and order dated 24/25th June, 2009, passed by the learned Additional Sessions Judge, Fast Track Court, VII, Alipore in Sessions Trial no. 1(2)07 corresponding to Sessions Case no. 13(1)07 convicting the appellants for commission of offence punishable under Section 302/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for life and to pay fine of Rs.5,000/- each.
(2.) Prosecution case, as alleged, against the appellants is to the effect that on 19.05.2006 at about 8.15 a.m. Saktipada Mondal, the victim, along with Panchu Gopal Mondal (P.W 3) left their house for Baruipur. On the way, they met with Khudiram Sardar (P.W 2) and when they arrived at Shib Nagar Hospital math at about 8.30 a.m., the appellants riding on a cherry coloured motor cycle came from behind and attacked Saktipada Mondal. The appellants Illias Sardar and Raich Ali Sardar shot at him while Ibrahim Ali Sardar stabbed him with 'Daa' on the head and other parts of his body. Saktipada was severely injured and started crying for help. Other villagers rushed to the spot. Seeing the villagers, the miscreants fled away on the motorcycle. The victim was shifted to Canning hospital where he was treated by P.W 13. The victim disclosed the names of the appellants as the assailants before the doctor which was recorded in the medical papers. Subsequently he was shifted to Peerless hospital where he breathed his last. A written complaint was lodged by his son Judhisthir Mondal at the police station resulting in registration of Canning P.S Case no. 267/2006 dated 15.9.2006 under section 302/34 IPC and 25/27 of the Arms Act. In conclusion of investigation, charge sheet was filed against the appellants. The case being a sessions triable one was committed to the Court of Sessions and transferred to the court of Additional Sessions Judge, Fast Track Court, VII, Alipore. South 24 Pgs. for trial and disposal. Charges were framed under section 302/34 IPC against the appellants. The appellants pleaded not guilty and claimed to be tried.
(3.) In the course of trial, the prosecution examined 15 witnesses to establish its case and exhibited a number of documents.;