Joymalya Bagchi, J. - (1.) It appears from the record that criminal appeal being CRA 471 of 2007 was dismissed for non-prosecution. However, criminal appeal being CRA 797 of 2009 survives for consideration.
(2.) The appeal is directed against the judgement and order dated 13th/14th June, 2007 passed by the learned Additional District & Sessions Judge, Fast Track, 3rd Court, Diamond Harbour, South 24-Parganas in Sessions Case No. 2 (12) 04 [Sessions Trial No. 2 (2) 05] convicting the appellant and other accused person namely, Mastakin Laskar @ Mastan for commission of offence punishable under Section 304 Part-I read with Section 34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for ten years each and to pay fine of Rs.5,000/- each, in default, to suffer further rigorous imprisonment for six months each.
(3.) The prosecution case as alleged against the appellant and other accused person namely, Mastakin Laskar @ Mastan is to the effect that on 22nd September, 2004 at about 10:00 A.M. one short figured boy aged about 19/20 years and another tall boy had come to the residence of de-facto complainant, Chaitali Deb (PW2) for the purpose of repairing a TV set. Chaitali was sitting in her room and watching TV programme. Suddenly, she heard her mother crying 'Bachao Bachao'. She went out of her room and found the miscreants were mercilessly chopping her mother. Her father intervened and was also assaulted. The miscreants demanded money and Chaitali gave them a sum of Rs.2,500/- after opening the drawer. The appellant enquired why the amount was so small. They threw away the money and proceeded towards the gate after taking the keys from her.;