Shivakant Prasad, J. - (1.) The instant appeal is directed against the judgment and order of conviction and sentence dated 5th October, 2005 and 6th October, 2005, passed by learned Additional Sessions Judge, 11th Court, Alipore, South 24-Parganas in S.T. Case No. 1(7) of 02, convicting the appellants for the charges under section 302/34 of the Indian Penal Code.
(2.) Factual matrix of the prosecution case is that the defacto complainant, Subarna Mandal lodged a complaint on 30th November, 2000 with the Officer-incharge, Canning Police Station, alleging that on 30th November, 2000, at about 11 a.m. when he was carrying paddy from the field, he saw near Bersagachi more that Bhutto, Shantanu, Mannan, Noche and Mahindra etc. being armed, were proceeding along the street. He also saw blood stained dao in the hand of Bhutto, a pistol in the hand of Santanu and guns in the hands of others. Bhutto pushed him and said "Could you save Jatin?" and Santanu asked Bhutto to kill him. At that time, Ganesh, the elder brother of Bhutto rushed there and rescued the complainant. Thereafter, the complainant proceeded towards the shop of Joga and saw a large number of people assembled in the potato field of Jhoro Mondal. He proceeded there and found that his cousin brother Jatin Mondal was lying with neck cut and gun shot injuries on his person. He could understood that Jatin was dead. From the persons present there, he came to know that Bhutto, Santanu, Mannan, Mahindra and Nache had murdered Jatin. It is alleged that prior to the date of incident there was a hot altercation and Jatin Mondal was threatened to be murdered.
(3.) A written complaint was scribed by Rezaul Khan, P.W. 10, as per instruction of the defacto complainant and on that basis, specific police case, being Canning Police Station case no. 147/2000 dated 30th November, 2000 under section 302/34 and 120B of Indian Penal Code read with Sections 25/27 of the Arms Act was started against the accused persons.;