Joymalya Bagchi, J. - (1.) The appeal is directed against the judgment and order dated 11.01.1996 passed by the learned Additional Sessions Judge, 4th Court, Nadia, in Sessions Case No.14(2) of 1987(Sessions Trial No.1 of May, 1995) convicting the appellant no.1 for commission of offence punishable under Sections 302 of the Indian Penal Code and sentencing him to suffer R.I. for life and also fine of Rs.5,000/- and in default of fine to suffer further R.I. for three years and also fine of Rs.3,000/- and in default of fine to suffer further R.I. for two years and under Section 201/34 of the Indian Penal Code and convicting the appellant nos. 2, 3 & 4 for commission of punishable offence under Sections 302/34 of the Indian Penal Code and sentencing them to suffer R.I. for life and also pay of fine Rs. 5,000/- each in default of fine further R.I. for three years and for the commission of punishable offence under Sections 201/34 of the Indian Penal Code to suffer R.I. for five years and also pay of fine Rs.3,000/- in default of fine further R.I. for two years of the Indian Penal Code.
(2.) Prosecution case as levelled against the appellants and other accused persons is to the effect that on 15.6.1986 at around 5 P.M. while Madhab Ghosh, P.W.2 and the victim were clearing their jute land the appellants along with others allowed their cattle to go through their land causing damage the jute crop. Over such issue, there was an altercation. Thereupon the appellants carried away his brother towards the Ganges and the other accused persons followed them. On the bank of Ganges, the appellant nos. 2, 3, & 4 held the victim while appellant no.1 cut his neck with a Dao. Madhab Ghosh, who witnessed the incident and found a blood stained Gamcha of the appellant at the place of occurrence, lodged first information report against the appellant and other accused persons for commission of offences under Section 148/149/364/302/34 of the Indian Penal Code. In course of investigation, the dead body of the victim was searched but could not be recovered due to the swift current of the river. Charge sheet was filed against the appellants and other accused persons under Sections 148,302/34,201/34 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 302/201/34 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 08 witnesses and exhibited a number of documents to prove its case.;