Joymalya Bagchi, J. - (1.) The appeal is directed against the judgment and order dated 08/04/2012 passed by the learned Additional Sessions Judge, 1st Court, Nadia at Krishnagar in Sessions Case No.4(10) of 2006, Sessions Trial No. VI May (2010) convicting the appellants for commission of offence punishable under Sections 302/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for life and to pay a fine of Rs.10,000/- and in default of fine to suffer further rigorous imprisonment for a period of six months.
(2.) Prosecution case, as alleged against the appellants is to the effect that on 21/8/2005 at 11.00 hours Kishore Sarkar, PW 18 informed the appellants that his nephew Kanchan Sarkar and Ananda Mondal had gone beyond the international boundary fencing for cultivation work after depositing their voter identity cards at Border Gate No.120 of BOP, but did not return home. On 22/8/2005 at 10.30 hours the dead bodies of the victims Kanchan and Ananda were found lying in the field of Adhir Sarkar with deep cut throat and other injuries. On the basis of the written complaint of PW 18, Hogolberia P.S. case no. 49 of 2005 dated 22/08/2005 under Section 302 of the Indian Penal Code was started against unknown accused persons. Initially final report was filed and upon further investigation the appellants were arrested and in the course of test identification parade, some of them were identified by Kishore Sarkar, PW 18 and Ganesh Chandra Mondal, PW 21 and charge sheet was filed against the appellants under Sections 302/34 of the Indian Penal Code. The case was committed to the Court of Sessions and transferred to the Court of Additional Sessions Judge for trial and disposal. Charges were framed under Sections 302/34 of the Indian Penal Code against the appellants 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 twenty-four witnesses and exhibited a number of documents to prove its case. In conclusion of trial, the learned trial Judge by judgment and order dated 18/4/2012 convicted and sentenced the appellants, as aforesaid.;