Joymalya Bagchi, J. - (1.) The appeal is directed against the judgment and order dated 5.12.2014 and 6.12.2014 passed by learned Additional Sessions Judge, Fast Track Court No.II, Krishnanagar, Nadia, in Sessions Case No.82(06)2007 corresponding to Sessions Trial No.I(February)2008 convicting the appellants, namely, Prosenjit Mondal alias Astam Mondal, Ratan Mondal and Amrita Mondal alias Amritan alias Tapas Mondal, for commission of offences punishable under sections 302/34 of the Indian Penal Code (for short 'I.P.C.') and under sections 27/35 of the Arms Act and sentencing them to suffer imprisonment for life each and to pay a fine of Rs.2000/- each, in default to suffer further rigorous imprisonment for one year more for the offence punishable under section 302/34 of the Indian Penal Code and to suffer rigorous imprisonment for seven years each and pay a fine of Rs.1000/- each, in default to suffer rigorous imprisonment for further six months each for the offence punishable under section 27/35 of the Arms Act. Both the sentences are to run concurrently.
(2.) A fratricide committed by the absconding accused Sanjay Sarkar in association with the appellants is the gravamen of the instant case. The victim, Shibananda Sarkar, who is the elder stepbrother of Sanjay Sarkar, had died due to gunshot injuries at around 02.00 a.m. on 13.5.2005 while he was sleeping with his wife, Chandana Sarkar (P.W. 1) on the first floor of the house. Ground floor of the house was occupied by his stepbrother, Sanjay, his mother (P.W. 4), sister (P.W. 5) and niece (P.W. 7). Immediately after his death, Sanjay lodged a written complaint at Kotwali police station alleging that on the fateful night some unknown dacoits had raided their house and took away a watch, Rs.300/- and some money in a box from his room. Thereafter the miscreants took him to the first floor and knocked at his brother's room. When his brother and sister-in-law opened the door the miscreants shot at his brother and fled away. He described the features of the miscreants and stated that they were speaking in Bengali and that he had seen the miscreants in electric light and could identify them. His brother unfortunately succumbed to his injuries at Saktinagar hospital. On the aforesaid complaint Kotwali P.S. Case No.144/05 dated 13.5.2005 under sections 302/34/396 of I.P.C. and under sections 25/27 of the Arms Act was registered for investigation. Investigation was taken up by P.W. 33 and P.W. 26 attached to Kotwali police station. Subsequently, the investigation was transferred to C.I.D., Krishnanagar, Nadia, and was taken up by P.W. 29. In the meantime, on 10.9.2005 Chandana (P.W. 1), wife of the victim, wrote a letter to D.D.I., Nadia, stating that it was Sanjay Sarkar, who along with the appellants had killed her husband. She clarified in the letter that the delay in informing the correct state of affairs was due to her traumatic mental condition and as the earlier investigating officers were not paying heed to her grievances while purporting to investigate the case on the false complaint of Sanjay Sarkar. Soon thereafter, on 13.9.2005 she made a statement before the learned Magistrate under section 164 of Criminal Procedure Code and in December, 2005, she identified the appellants in the course of Test Identification Parade (for short 'T.I. Parade').
(3.) In conclusion of investigation, charge-sheet was filed against Sanjay Sarkar, the absconding accused and the aforesaid appellants under sections 302/34 of I.P.C. and under sections 27/35 of the Arms Act. As Sanjay Sarkar had not been apprehended, he was declared a proclaimed offender and the case was committed to the learned Additional Sessions Judge, Fast Track Court No.II, Krishnanagar, Nadia, for trial and disposal. Charges were framed under sections 302/34 of I.P.C. and under sections 27/35 against the appellants. They pleaded not guilty and claimed to be tried.;