Md. Mumtaz Khan, J. - (1.) The instant appeal has been preferred by the appellants assailing the judgment and order of conviction and sentence dated March 31, 2006 and April 1, 2006 respectively passed by the Ld. Sessions Judge, Darjeeling in T.R. No. 2/1999 arising out of Sessions Case No. 16 of 1999. By virtue of the impugned judgment appellants were convicted for commissioning of the offence punishable under Section 302/34 of the Indian Penal Code (hereinafter referred to as I.P.C.) and were sentenced to suffer imprisonment for life and to pay fine of Rs. 10,000/ - each in default to suffer simple imprisonment for one year each with a direction to pay 75% of the entire amount of fine, if realised, to the parents of the victim towards compensation while the accused Bangsay Chhetri and Thuli Chhetri were found not guilty of the offence punishable under Section 302/34 I.P.C and were acquitted under Section 235(1) Cr.P.C.
(2.) The prosecution case, in brief, is as follows:- On October 13, 1997 at 17.45 hours P.W.1 lodged a written complaint at the Kurseong P.S., District Darjeeling to the effect that on that date at around 16.25 hours while he was returning home from Bazar after exchanging money just below Monteviet Factory near Farm he saw the appellants as also the accused Islamuddin, since deceased, Mohan Chhetri, since deceased, Thuli Chhetri and Bangsay Chhetri to assault the victim Robin Rai. On seeing this when he went towards them he saw the appellant Rajen Chhetri and Islamuddin to put down the victim and stab him with a long sharp cutting weapon while Bangsay Chhetri and her daughter were shouting to kill him. Accused Mohan Chhetri on seeing him attacked him but he fled away. Thereafter, he requested the villagers for help and when he returned back with the villagers he found the victim dead and accused persons were fleeing away through tea bushes.
(3.) On the basis of the above written complaint, P.W.16 started Karseong P.S. Case No. 112/97 dated October 13, 1997 under Section 302/34 I.P.C. against Rupam Chhetri, Rajen Chhetri, Islamuddin, Mohan Chhetri, Thuli Chhetri and Bangsay Chhetri and endorsed the case to P.W.23 for investigation who then investigated this case and after completion of investigation submitted charge sheet against all the FIR name accused persons under Section 302/34 I.P.C.;