DEBASISH KAR GUPTA ,J. - (1.) The subject matter of challenge in this appeal is the judgment and order of conviction dated December 21, 2004 of the appellants for commission of offence punishable under Sections 302/34 of the Indian Penal Code (hereinafter referred to as the I.P.C.) and sentence dated December 22, 2004 passed by the Additional Sessions Judge, 3rd Court, Bankura in Sessions Trial No. 1 (6) 1996 arising out of Sessions Case No.6 (11) 1994 to suffer rigorous imprisonment for life and to pay a fine of Rs.2000/- each in default to suffer rigorous imprisonment for a further period of one year.
(2.) On May 27, 1992 Sri Akhil Chandra Malakar (PW 4) Probationary Sub-Inspector, attached to Onda Police Station, on receipt of an information from Dr. Dhrubajyoti Patra (PW 8), Medical Officer of Krishnanagar Public Health Center, conducted inquest examination over the dead body of the aforesaid deceased. The aforesaid doctor Dr. Dhrubajyoti Patra (PW 8) and Smt. Satyabati Lareng (PW 3), nurse attached to the above health center identified the dead body. Inquest report was prepared by the PW 4 with reference to Onda P.S. U.D. Case No.8/92 dated May 27, 1992. According to the above inquest report, there were injuries on the back of the head on upper portion of the right and outer portion of the left knee of the deceased. The PW 3, PW 5, PW 8 and PW 15 were the witnesses of the above inquest report. According to the opinion of the witnesses as incorporated in the inquest report on the basis of the preliminary investigation certain miscreants committed murder of the deceased and then flew away by throwing the dead body in the water under a ditch beside Onda village.
(3.) On May 28, 1992 a written complaint was lodged in the Onda Police Station, District-Bankura by the widow of the deceased person informing the above incident. Formal FIR bearing Onda P.S. Case No.50/92 dated May 28, 1992 was registered for commission of offence by the appellants punishable under Sections 302/34 I.P.C. at 16.45 hours on the basis of an entry made in the General Diary in the above police station. The PW 11 was appointed as investigating officer in the case.;