Md. Mumtaz Khan, J. - (1.) These appeals have been preferred by the appellants assailing the judgment and order of conviction and sentence dated August 29, 2008 and August 30, 2008 respectively passed by the learned Additional Sessions Judge, Bongaon, North 24-Parganas in Sessions Trial No. 1(1)08 arising out of Sessions Case No. 1(11)07. By virtue of the impugned judgment appellants were convicted and sentenced to suffer imprisonment for life and to pay a sum of Rs. 1,000/- each in default of which each of them to suffer rigorous imprisonment for one month for commissioning of the offence punishable under Section 302/120B of the Indian Penal Code (hereinafter referred to as IPC) and in addition to that appellants Pintu Roy, Madhabi Roy and Pralay Roy Chowdhury @ Puchke @ Pinku were also convicted and sentenced to suffer rigorous imprisonment for one year each for the commission of the offence punishable under Section 379 IPC and rigorous imprisonment for one year each for the commission of the offence punishable under Section 411 IPC while appellants Miaraj Mondal, Malek Mondal @ Khalek, Sawkat Mondal were also convicted and sentenced to suffer rigorous imprisonment for 3 years each and to pay fine of Rs. 1,000/- each in default of which each of them to suffer rigorous imprisonment for one month more for commission of the offence punishable under Section 25(1)(a) of the Arms Act and each of them to also suffer rigorous imprisonment for 3 years each and to pay a fine of Rs. 1,000/- each in default of which each of them to suffer rigorous imprisonment for one month more for commission of the offence punishable under Section 27(1) of the Arms Act with a direction that substantive sentences shall run concurrently.
(2.) The case of the prosecution, in brief, is as follows: On June 10, 2007, one telephonic information regarding the death of the victim, Subhas Biswas was received by Officer-in-charge of the Gopal Nagar P.S. (P.W.31). He then after diarizing the said information in the P.S register instructed S.I. Gopal Chandra Naskar (P.W.30) to proceed to that place and investigate the matter. Thereafter, both P.W.30 and P.W.31 proceeded to the place of occurrence and on reaching there they found the dead body of the victim lying in a bleeding condition. One written complaint was then handed over by P.W.1 to P.W.31, stating therein that on that date at about 7.30 p.m. his deceased father Subhas Chandra Biswas set out from his STD booth at Akaipur market to his house at Aitpara by riding a motor cycle bearing No. WB 26/8228. Thereafter, at about 7.50 p.m. he heard a sound of firing bullet and bomb blast and came to learn that his father had been murdered. He then proceeded towards his house along with some local people and when they reached near the house of Chitta Biswas, he saw his father lying dead with fatal bleeding injuries. It was his firm belief that Dilip (Kalu) Roy, Sanjit Roy, Jharu Roy and Kamal Hossain who set out towards his village by cycle 05 minutes before the departure of his father and who used to intimidate his father to murder him have murdered his father with the assistance of others by bombs, bullets and sharp cutting weapons.
(3.) On receipt of the said complaint, P.W.31 forwarded it to Gopal Nagar P.S. through constable Biswanath Mukherjee for starting a case. P.W.23 then on the receipt of the said written complaint started Gopal Nagar P.S. Case No. 134 dated June 10, 2007 under Section 302/34 IPC, 25/27 Arms Act and 9(B) of the Indian Explosive Act against the appellant Sanjit Roy, one Jharu Roy, Dilip Roy @ Kalu, Kamal Hossain and unknown others.;