Joymalya Bagchi, J. - (1.) The appeal is directed against the judgment and order dated 14.1.2015 and 15.1.2015 passed by the learned Additional Sessions Judge, 5th Court, Murshidabad in Sessions Case Sl. No. 485 of 2010 [Sessions Trial No. 5 of April, 2011] convicting the appellants for commission of offence punishable under Section 302/149 of the Indian Penal Code (IPC) and sentencing them to suffer rigorous imprisonment for life and to pay fine of Rs.5,000/- each, in default, to suffer simple imprisonment for six months more.
(2.) The prosecution case as alleged against the appellants is to the effect that on 28th August, 2007 in the afternoon there was an altercation between Sahajamal Sk. son of late Nahiruddin Sk and his wife Fojila Bibi over domestic affairs. Subsequently, Fojila Bibi tried to commit suicide by consuming poison. Ajit Rahaman @ Vojali, maternal uncle of Sahajamal intervened and snatched away the poison from Fojila. In the evening at around 6.00 P.M. when Sahajamal was returning home from the field, the appellants along with Sattar Sk. (since deceased) attacked him with hensua, lathi and pashli. When Sahajamal shouted for help, Ajit Rahaman came out from his house and intervened. Thereupon, the appellants mercilessly hit him with hensua, lathi and pashli on his head, back, abdomen and thigh. Local people assembled at the place and the miscreants left the spot. Ajit Rahaman died at the Spot while Sahajamal was shifted to Raninagar Hospital for treatment. Marjina Bibi, wife of Ajit Rahaman witnessed the incident and lodged first information report resulting in registration of Domkal P.S. Case No.207 of 2007 dated 28.8.2007 under Sections 325/326/307/302/34 of the Indian Penal Code. In conclusion of investigation, charge-sheet was filed against the appellants and Sattar Sk. The case being a sessions triable one was committed to the Court of Sessions and transferred to the Court of the Additional Sessions Judge, 5th Court, Murshidabad for trial and disposal. Charges were framed under Section 148 of the Indian Penal Code and Sections 307/149 of the Indian Penal Code and Sections 302/149 of the Indian Penal Code. The appellants pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined 14 witnesses and exhibited a number of documents. In the course of trial, Sattar Sk. died. In conclusion of trial, the trial Judge by the impugned judgement and order dated 14.1.2015 and 15.1.2015 convicted and sentenced the appellants, as aforesaid. Hence, the present appeal.
(3.) In the course of pendency of the appeal, prayer was made to hold enquiry under the provision of Section 7A of the Juvenile Justice (Care and Protection) Act, 2000 to determine whether the appellant No.6 Azizul Sk. was a juvenile at the time of commission of the offence. Upon enquiry, trial judge by order dated 13.2.2017 held that Azizul Sk. was born on 14.1.1991 and was a juvenile at the time of the incident.;