Joymalya Bagchi, J. - (1.) The appeals are directed against the judgment and order dated 26.09.2016 am27.09.2016 passed by the learned Additional Sessions Judge, Fast Track Court, Ranaghat, Nadia in Sessions Trial No.16(4) of 2012 and Sessions Case No.85(9) of 2010 convicting the appellants for commission of offence punishable under sections 302/34 of the Indian Penal Code and sentencing them to suffer imprisonment for life and to pay a fine of Rs.20,000/- each in default of fine to suffer further imprisonment for one year.
(2.) Prosecution case as levelled against the appellants is to the effect that 12.06.2010 at 8 P.M. one Bidyut Mondal requested Arjun Ghosh, P.W.1 and his cousin Bhim Ghosh to accompany with him to guard the mango garden at night. He informed them that he had an dispute with Budhadev Halder, a co-lease holder who had left the garden with his people. As a result Bidyut was afraid to go to the garden and requested Arjun and Bhim to accompany them. Upon such request Arjun and Bhim agreed to accompany Bidyut to the garden. While they went at the garden around 11 P.M., Budhadev and his son Sankar came to the garden and started discussing matters with Bidyut. A little later 4/5 people entered the garden. All of them caught hold of Bidyut and Bhim. Arjun and Subrata fled away from the spot. While running away they saw Bhudhadev, Sankar, Khokan and Totan assaulting Bidyut and Bhim indiscriminately with dao. They went to the village and informed the incident to the villagers who rushed to the spot and found Bhim and Bidyut lying dead. Over the issue, written complaint was lodged by Arjun, P.W.1 at Hanskhali P.S. being Hanskhali P.S. Case No.215/2010 dated 13.06.2010 under section 302/34 of IPC against Budhadev, Sankar, Khokan, Totan and 2/3 unknown persons. Charge sheet was filed against the appellants under sections 302/34 of the Indian Penal Code. The case being a sessions trial one was committed to the Court of Sessions and transferred to the Court of Additional Sessions Judge for trial and disposal. Charges were framed under section 302/34 of the Indian Penal Code and the same was read over and explained to them. The appellants pleaded not guilty and claimed to be tried.
(3.) In the course of trial, prosecution examined 13 witnesses and exhibited a number of documents to prove its case.;