RAKESH TIWARI, J. - (1.) The instant appeal has been preferred by the appellants challenging the judgment and order of conviction and sentence dated 23rd June, 2010 and 24th June, 2010, respectively, passed by learned Additional District and Sessions Judge, 5th Court, Barasat, North 24-Parganas, in Sessions Trial No. 8(5)/2003, arising out of Sessions Case No. 12(11)/2002, convicting the appellants under sections 302/34 of the Indian Penal Code, 1860 section 25/27 of the Arms Act and section 9(B) of the Indian Explosive Act.
(2.) Md. Jalaluddin Ahmed Khan, son of Hazi Ismail Ahmed Khan, resident of Pukuria under the jurisdiction of Haroa Police Station, North 24-Parganas set the police in motion by lodging an FIR with the Officer-in-charge, Haroa Police Station on 17th July, 2002 at about 11.35 hours, inter alia, stating that on the same day, at about 10.30 a.m., he got an information through his nephew Giasuddin Ahmed Khan that his brother Rafiquddin Ahmed Khan had been murdered on Pukuria Road; that on receipt of the information he rushed to the place of occurrence and saw the body of his deceased brother lying on the road in open space in the middle of Pukuria and Jampur and blood was oozing out from the wounds. He also stated that he came to know on the same day, at about 10.00 a.m. that while his brother was returning home from the field by a cycle, (1) Sirabul Mallick, son of Late Btmai Mallick, (2) Pintu Mallick, son of Sahidul Mallick, (3) Dany Mondal, son of Late Mucha Mondal and (4) Nazrul Mondal, son of Ain Mondal, all residents of Pukuria, attacked Rafiquddin, since deceased. At the first instance, a bomb was hurled at the back of Rafiquddin, as a result of which he fell down from the cycle and thereafter, the miscreants fired bullets at him and also used a 'dao' and other sharp weapons to murder the victim.
(3.) A perusal of the written complaint also shows that Rafiquiddin is said to have enmity/long disputes over business matters with Murshid Ali Mandal, son of Late Echahoque Mondal and Sahidul Malick, son of Halim Mallick, since 8/9 years before this incident and that the accused persons attacked Rafiquiddin with a view to kill him, but he had survived for about 8/10 days; that before the incident, a fresh dispute had developed in between Rafiquiddin and Murshid in connection with construction of a saloon when Dolu and other accused persons under leadership of Murshid, had threatened Rafiquiddin with dire consequences.;