Joymalya Bagchi, J. - (1.) The appeal is directed against judgement and order dated 23.5.2008 and 26.5.2008 convicting the appellants for commission of offence punishable under Sections 307/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for ten years each and to pay a fine of Rs.1,000/- each, in default, to suffer further imprisonment for two months more.
(2.) The prosecution case, as alleged against the appellants, is to the effect that on 9.3.2001 at about 8.00 in the morning victim Asit Mondal had gone to Sahabajpur stand for purchasing a lungi from the shop of Ashok Mandal. While he was coming out of the said shop, the appellants came out of the sweet meat shop of Dhiren Mandal, restrained him and sprayed bullets on his person. On the basis of the written complaint of Amala Mandal, first information report being Kaliachak P.S. Case No.68 of 2001 was registered for investigation and in conclusion of investigation, charge sheet was filed against the appellants under Sections 341/326/304/34 of the Indian Penal Code.
(3.) The case was committed to the Court of Sessions and transferred to the Court of the Additional Sessions Judge, Fast Track 6th Court, Malda for trial and disposal. Charges were framed against the appellants under Sections 307/34 of the Indian Penal Code and the appellants pleaded not guilty and claimed to be tried.;