Jay Sengupta, J. - (1.) This appeal is directed against a judgment and order of conviction dated 14.09.2009 and sentence dated 15.09.2009 passed by the Learned Additional Sessions Judge, Fast Track Court No. 3, Jangipur, Murshidabad in Sessions Trial No. 1/March/09: Sessions Serial No. 07/09 ( 15/09), thereby convicting the appellants under Section 302 read with Section 34 of the Penal Code and sentencing each of them to suffer imprisonment for life and to pay a fine of Rs. 5000/- in default to suffer rigorous imprisonment for six months. In this case although the First Information Report was registered against nine accused, six accused finally faced trial and all were convicted.
(2.) On 18.06.2008 at about 11:30 hours, PW 1 lodged a First Information Report, scribed by PW 2, under Sections 302 and 34 of the Penal Code against the present appellants and three others in respect of the murder of his brothers Golam Rasul and Jamiruddin Sk. He alleged that on 18.06.2008 in the morning he along with PW 3 and the two victims went to the chamber of their prosecutor PW 18 for discussions about their case. As the Learned Advocate was not present in his chamber, they met with his junior PW 19 and proceeded towards the bus stand to return home. They boarded a bus named 'Heeramoti' and saw that some of their co-villagers the accused appellants nos. 1, 3, 4, 5 and 6 present inside the bus. At about 10:45 a.m. the bus left. At about 11:20 a.m. when the bus stopped at Prasadpur Stand, then Hokful Sk. and his associates forcibly made the two victims alight from the bus. At that time Hokful's (appellant no.4's) associates, appellant no. 2 and many people of Fulsahari were standing at the bus stand. The accused hacked the two brothers randomly with sharp weapons and murdered them by cutting their throats. After that they threw the dead bodies on the metal road expressing their joy. It appears that since PWs 1 and 3 were inside the bus cabin, the accused could not trace them. Otherwise they too would have been murdered. After Prasadpur Bus Stand, PWs 1 and 3 got down near the Reliance Petrol Pump and reached Daspara through the field and there they could observe with their own eyes that their brothers were being murdered.
(3.) Upon registration of the First Information Report, investigation of the case started. PW 16 held an inquest over the dead bodies of the two victims on 18.06.2008 at the place where the dead bodies were lying in the presence of witnesses PWs 1, 3, 8 and 10. Several injuries were found on the bodies. A preliminary investigation revealed that the victims were coming back from Jangipur Court in a bus named 'Heeramoti'. Then some people made them get down and hacked them to death with sharp weapons. The post-mortem examinations over the dead bodies were held on 18.06.2008. After completion of investigation, a charge-sheet was submitted. On 02.06.2009 charges were framed against the five appellants being appellant nos. 1, 2, 3, 5 and 6 under Section 302 read with Section 34 of the Penal Code. On 08.06.2009 a similar charge under Section 302 read with Section 34 of the Penal Code was framed against the appellant no. 4. During the trial the prosecution examined as many as twenty witnesses to establish its case while the defence examined one witness on his behalf.;