ASHIM KUMAR ROY, J. - (1.) In a sessions trial held before the learned Additional Sessions Judge, 8th Court, Alipore, South 24 Parganas five accused namely, Avik Ghosh, Somnath Tanti, Safique Ahmed Khan @ Khokan, Sadab Parvez @ Raju and Sk. Israfil @ Suman were charged under two heads. One under Section 396/120B IPC and another under Section 302/120B IPC. The said charges were framed on April 24, 2012 and read as follows :- Firstly, That you, on or about the 27th day of September, 2010 at 21.00 hrs. within P.S. Thakurpukur agreed to commit an offence of dacoity of the Premises No. P-19A, Oxy Town, P.S. Thakurpukur and that act was done in pursuance of your agreement, and on the same date you committed dacoity and that in the commission of such dacoity, murders of Mousumi Ghosh and Parul Bala Ghosh by one or more of you and thereby committed an offence punishable under Section 396/120B of the Indian Penal Code and within the cognizance of the Court of Session, Secondly, That you, on or about the 27th day of September, 2010 at 21 hours within the P.S. Thakurpukur agreed to commit an offence of dacoity at the premises of P-19A Oxy Town, P.S. Thakurpukur and the same act was done in pursuance of your agreement and on the same date about the same time, within that P.S. - Thakurpukur, in the dist. of 24 Parganas (S) committed the murder by intentionally causing death of Mousumi Ghosh and Parul Bala Ghosh and thereby committed an offence punishable under Section 302/120B of the Indian Penal Code, and within the cognizance of the Court of Sessions.
(2.) However, after the argument was over and on May 19, 2015, the date fixed for delivery of the judgment, the learned court altered the charges against all the aforesaid accused and fresh charges were framed.
(3.) Following the alteration of charges, the accused Somnath Tanti, Safique Ahmed Khan @ Khokon, Sadab Parvez @ Raju and Sk. Israfil @ Suman were charged together under two heads, one under Section 396 IPC and another under Section 120B IPC and the same are read as follows, Firstly, that all of you on 27.09.2010 at about 21.00 hrs. at P/19A, Oxytown, P.S. - Thakurpukur, committed dacoity and that in the commission of such dacoity murder of Mousumi Ghosh and Parul Bala Ghosh was committed by one or more of your number and that you thereby committed an offence punishable under Section 396 of the Indian Penal Code and within the cognizance of this court. Secondly, that all of you on the same date or before at the same place and time agreed with each other and with Avik Ghosh to do an illegal act to wit to commit dacoity at P/19A, Oxytown, P.S. - Thakurpukur and in the commission of such offence murdered Mousumi Ghosh and Parul Bala Ghosh and the said act is not legal or by illegal means done in pursuance of the agreement and that you thereby committed an offence punishable under Section 120B of IPC and within the cognizance of this court. Simultaneously, accused Avik Ghosh was separately charged under two heads, one under Section 120B IPC and another under Sections 109/302 IPC. The charges against him are read as follows, Firstly, that you on 27.09.2010 at about 21.00 hrs or prior agreed with (1) Somnath Tanti, (2) Safique Ahmed Khan @ Khokon, (3) Sadab Parvez @ Raju and (4) Sk. Israfil @ Suman to do an illegal act to wit to commit dacoity at P/19A, Oxytown, P.S. - Thakurpukur i.e., in your own house and in the said commission of dacoity you have conspired with them to murder Mousumi Ghosh i.e. your wife and Parul Bala Ghosh, i.e. your maid-servant the said act is not legal or by illegal means done in pursuance of the agreement and that you thereby committed an offence punishable u/s 120B of IPC and within the cognizance of this court. Secondly, that (1) Somnath Tanti, (2) Safique Ahmed Khan @ Khokon, (3) Sadab Parvez @ Raju and (4) Sk. Israfil @ Suman on the same date and time at P/19A, Oxytown, P.S. - Thakurpukur, i.e. your own house committed an offence of dacoity and in the said commission of dacoity murdered Mousumi Ghosh and Parul Bala Ghosh and that you abetted in the commission of the said offence of dacoity with murder which was committed in connection with abetment and that you abetted the said (1) Somnath Tanti, (2) Safique Ahmed Khan @ Khokan, (3) Sadab Parvez @ Raju and (4) Sk. Israfil @ Suman and you thereby committed an offence punishable u/s 109 read with Section 302 of IPC and which is within the cognizance of this court. ;