Debasish Kar Gupta, J. - (1.) This appeal is directed against judgment and order of conviction dated June 27, 2006 and sentence dated June 28, 2006 passed by the learned Additional Sessions Judge, Fast Track Court No.2, Purulia in Sessions Trial No.14/2004 arising out of Sessions Case No.32/2004 convicting the appellants for commission of offence punishable under Sections 302/34 of the Indian Penal Code (hereinafter referred to as the I.P.C.) and sentencing all of them to suffer imprisonment for life as also to pay fine of Rs.2000/- each in default of which to suffer simple imprisonment for six months. There was a further direction that 50% of the fine amount, if realised, be given to the parents of the deceased.
(2.) The backdrop of the case is as under in a nutshell:- On October 27, 2001 at 18.10 hours a written complaint was submitted in Manbazar Police Station by one Shaktipada Mahato son of Motiram Mahato, village-Kunrdih, District-Purulia (PW 1). According to the above written complaint, at about 14.00 hours on the aforesaid date the PW 1 received an information from one Nitu Majhi (PW 8) that the cousin of PW 1 namely, Amrit Mahato had been lying in a vacant place in between the forest of "Palash" and "Kutush" jungle known as 'Punnadih'. According to the information, his left hand was almost amputed amongst other injuries on his left knee with cut mark of bleeding injuries on the right eye-brow and beneath the cheek of the left eye. On receipt of the above information, the PW 1 rushed to the aforesaid jungle along with Dilip, Bikash and Bhagbat (PW 3, PW 9 and PW 14) respectively, amongst other persons. On arrival at the aforesaid jungle, they found that the aforesaid Amrit Mahato was crying for water and on query it was disclosed by him that the appellants assaulted them with a 'Vojali'. The PW 1 and others brought him to Manbazar Rural Hospital by hiring a car. The doctor of Manbazar Hospital declared him dead.
(3.) On receipt of the aforesaid written complaint, formal FIR bearing Manbazar P.S. Case No.29/2001 was drawn up on October 27, 2001 at 18.10 hours against the appellants for commission of offence punishable under Sections 302/34 I.P.C. after diarising the above information under G.D.E. no.815 dated October 27, 2001.;