Joymalya Bagchi, J. - (1.) The appeal is directed against the judgment and order dated 12.12.1994 passed by the learned Additional Sessions Judge, Malda, in Sessions Case No.20 of 1992(Sessions Trial No.16 of 1993) convicting the appellants for commission of offence punishable under Sections 302/34 of the Indian Penal Code and sentencing them to suffer R.I. for life and to pay a fine of Rs.1,000/- each and in default of fine to suffer further R.I. for three months each and further convicting the appellant no.2 for commission of offence punishable under Section 25/27 of the Arms Act and sentencing him to suffer R.I. for five years and to pay a fine of Rs.5,00/- in default of fine to suffer further R.I. for one month, both the sentences so far as the appellant no.2 is concerned to run concurrently.
(2.) Prosecution case as levelled against the appellants and other accused persons is to the effect that in the night of 8.11.1988 at around 9 P.M. when the victim Suresh Mondal was having his dinner in the courtyard of his house along with his wife Arati Mondal, P.W.8. The appellants along with other accused persons unlawfully entered the house and surrounded the victim. Thereafter appellant no.2 took a pistol from another person named 'Bihari' and shot at different parts of the body of the victim. Appellant no.1 was also present at the place of occurrence and thereafter all of them fled away. The names of the accused persons were one Chandra Mohan Mondal (P.W. 1), reported to who lodged first information report against the appellants and other accused persons being Manikchak P.S. Case No.2 dated 9.11.1988 under Sections 143/448/324 of the IPC. The victim was initially taken to Manikchak P.H.C. and treated by P.W.2 and thereafter referred to Malda Sadar Hospital where he breathed his last on 11.11.1988. In conclusion of investigation, charge sheet was filed against the appellants and other accused persons under Section 302/34 of IPC and also under Section 25/27 of the Arms Act against the appellant no.2. The case being a sessions triable 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 against the appellants and other accused persons and under Section 25/27 of the Arms Act against the appellant no.2 and the same was read over and explained to them. The appellants and other accused persons pleaded not guilty and claimed to be tried.
(3.) In the course of trial, prosecution examined 11 witnesses and exhibited a number of documents to prove its case.;