Debasish Kar Gupta, J. - (1.) This appeal is directed against a judgment and order of conviction passed by the Learned Judge, Special Court (E.C. Act) cum Additional Session Judge, Hooghly, in Sessions Trial No. 56 of 2002, arising out of Sessions Case No. 138 of 2002, on July 26, 2010, convicting the appellants for commission of offence punishable under Section 304 Part-I read with Section 34 of the Indian Penal Code (hereinafter referred to as the I.P.C.) and sentence dated July 27, 2010 sentencing each one of them to suffer rigorous imprisonment for life with fine of Rs.5000/- each and in default of payment of fine amount to suffer rigorous imprisonment for further period of six months each as also convicting each of them for commission of offence under Section 342 read with Section 34 I.P.C. sentencing each of them to suffer rigorous imprisonment for one year with fine of Rs.1000/- each and in default of payment of fine amount each of them to suffer rigorous imprisonment for further period of one month each. Both the sentences were directed to run concurrently.
(2.) The backdrop of the case in a nutshell is as under:-
(3.) A written complaint was received in the Haripal Police Station from one Sri Bhadreswar Dhonk (PW 1) on October 18, 2000, at 12.05 hours to the effect that on October 15, 2000, at about 22.00 hours appellant Nirapada Dhara came to his residence and took his fourth son Sukumar Dhonk (since deceased) to Maliya Miloni Natya Teertha Club hauling him from sleep. The deceased was inhumanly assaulted by the appellants with lathi, rod and electrocution on the alleged ground of theft.;