Debasish Kar Gupta , J. - (1.) These appeal are directed against a judgement and order of conviction dated November 27, 2014 and sentence dated November 28, 2014 passed by the learned Additional District & Sessions Judge, Bolpur, Birbhum in Sessions Trial No.12 (June)/2013 arising out of Sessions Case No.114 of 2013 (22 of 2013) convicting the appellant for commission of offence punishable under Sections 341/302/34 of Indian Penal Code, 1860 (hereinafter referred to as the I.P.C.) and sentencing him to suffer imprisonment for one month for commission of offence punishable under Section 341 of the I.P.C. and to suffer imprisonment for the rest of his life or 30 years, whichever is earlier and to pay a fine of Rs.5000/- for commission of offence punishable under Section 302 of the I.P.C., the sentences being directed to run concurrently.
(2.) The backdrop of these appeals in a nutshell is as under:- On November 17, 2012 at about 18.30 hours one Chittaranjan Mondal (the deceased person) was on his way to Amnahar along with Sri Rajib Ghosh (PW 2) for making arrangement for labour to reap paddy. When they reached near Kashiyara Primary School at Sainthia Dangal the appellant along with Adai Sk, Sentu Kazi, Salam Sk, Rentu Sk, Rasi Sk, Najal Sk, Raijul Sk, Sk Janab Ali, Kasem Sk, Sanowar Sk, Babu Sk, Khudu Sk, Laltu Kazi, Nurai Sk, Duty Sk, Ansar Mir @ Hanu, Mirtajuddin Ahmed @ Moktar, Nur Islam @ Sonai, Sk Ismail, Nur Alam Sk @ Ranu, Hasmat Sk @ Meno, Rupsanatan Chandra, Sudarshan Hazra, Sk Zamir @ Omar Ali, Golam Rasul @ Bhadu, Pranab Patra, Nur Adil Dafadar, Nidu Das and their associates of Bipratikuri chased them. PW 2 somehow managed to escape running towards Amnahar. The appellant and his associates caught hold of the aforesaid Chittaranjan Mondal (the deceased) and started beating him. The PW 2 on his return from Amnahar with other people at the place of occurrence found Chittaranjan Mondal (the deceased) in an injured condition. His two legs and right hand were broken with injury on head which appeared to be caused by assaulting him with blunt substance. There were also sign of bullet injuries on two legs of Chittaranjan Mondal (the deceased). On query he disclosed the names of the appellants Kashem Sk, Adai Sk, Sentu Sk and others who had assaulted him causing the aforesaid injuries. Thereafter, the deceased lost his sense. The PW 2 took the deceased to Bolpur Sub Divisional Hospital with the help of other persons at about 20.00 hours on the above date. He was referred to Burdwan Medical College & Hospital at about 21.00 hours on the same day. On November 18, 2012 at about 00.40 hours the deceased was further referred to Kolkata due to his critical condition. On the way to Kolkata, at about 02.00 hours the condition of the deceased deteriorated badly near Singur. Consequent thereupon they came back to Burdwan Medical College & Hospital at about 03.30 hours and the doctor declared the above Chittaranjan Mondal dead. On November 18, 2012 at 21.15 hours a written complaint was submitted to the Labpur police station, Birbhum by Sri Dwajadhari Mondal (PW1), father of the deceased. On the basis of the above complaint at 21.15 hours, after making an entry in the general diary bearing no.719, a formal FIR bearing Labpur P.S. Case No.178/12 dated November 18, 2012 was registered in the Labpur police station, Birbhum.
(3.) Inquest examination on the dead body of the deceased was conducted by PW 18 on November 18, 2012 at 10.45 hours at the morgue of Burdwan Medical College & Hospital with reference to Burdwan P.S. U.D. Case No.1435/12 dated November 18, 2012. According to the preliminary investigation conducted at the time of inquest examination the deceased person was on the way to Amnahar Adibasi Para for arrangement of labour for reaping paddy. Before entering the village near Kashiyara beside Sau Pukur the miscreants saw the deceased person and assaulted him on his head and chest and shoot on his both the legs. Sri Manoranjan Mondal, Balaram Mondal and Arup Mondal, who were two elder brothers and brotherin-law respectively, were the witnesses to the aforesaid inquest report. After preparing the inquest report the dead body of the deceased was sent for post mortem examination through Golam Mostafa, a constable attached to Burdwan police station. The post mortem examination on the dead body of the deceased was conducted on November 18, 2012 at 14.00 hours with reference to Burdwan P.S. U.D. Case No.1435/12 dated November 18, 2012. According to the opinion of the doctor (PW 20), the cause of death was gunshot injuries which were ante mortem and homicidal in nature. PW 19 was entrusted with the investigation of the above case. Accused Sk Kamrul @ Salam Sk and Sk Salam @ Kamrul were arrested on November 30, 2012 and December 6, 2012 respectively. On December 19, 2012 the appellant was arrested from Chennai by a team of police personnel under the leadership of Brikadar Sanyal of Mayureswar Police Station. He was brought to Labpur, Birbhum on December 22, 2012.;