Shampa Sarkar, J. - (1.) These appeals have been filed against the judgment and order dated February 28, 2006 passed by the learned Additional Sessions Judge, First Court, Nadia, at Krishnagar in S.C No. 11(8) 2000/S.T No.1 of January, 2001, convicting the appellants for offence committed under Section 302 and 34 of the Indian Penal Code and sentencing them to suffer imprisonment for life and to pay fine of Rs. 5000/- each, in default to suffer rigorous imprisonment for a further period of one year each.
(2.) The prosecution case in brief is that on December 27, 1997 at 16:50 hours, Biren Ghosh submitted a written complaint before the Officerin-Charge at Dhubulia Police Station against the appellants, alleging that his brother, Sambhu Ghosh, was murdered on that date at about 3-3.30 p.m. by the appellants, while he was returning from Parmedia Mouza where he had gone to observe the crops in his own land which was near the land of Sushanta Ghosh of their Village-Mayakole. It was further alleged that Sakshi Ghosh fired at the victim, that is, the brother of the defacto complainant from a pipe gun on his right arm pit. The victim tried to flee away, but failed and fell down on the ground, when Swapan Ghosh chopped Sambhu Ghosh on his right hand with a Ram dao . Then, Arup, Bangshi and Paritosh Ghosh chopped him on his leg and hands. Basudeb Ghosh shouted khun kore fel, jane benche na thake . It was also alleged that the victim was returning with his son Sagar Ghosh, Sribash Ghosh (uncle s son) and Sachin Ghosh (victim s uncle). Thereafter the incident was informed to the defacto complainant by Sagar Ghosh and accordingly the defacto complainant and other persons of their village went to the place of occurrence and found that the body of Sambhu Ghosh was lying there. Subsequently, the defacto complainant went to Dhubulia Police Station and filed a written complaint on the basis of the information given to him by Sagar Ghosh and Sribas Ghosh (uncle s son).
(3.) Thereafter, Dhubulia Police Station Case No. 142 of 1997 dated December 27, 1997 was started against the accused appellants and one Badal Ghosh, for the offence punishable under Sections 302 and 34 of the Indian Penal Code and Sections 25 and 27 of Arms Act and the investigation was taken up.;