J.N.HORE, J. - (1.) The five appellants and one Ananda Ghosh, since deceased, were arraigned before a learned Additional Sessions Judge, Nadia, to answer the following charges : "First - That you, on or about the 15th day of December, 1984 at Ushidpur within P.S. Kotwali, were member of an unlawful assembly and did in prosecution of the common object of such assembly viz. in committing the murder of Mantu Ghosh commit the offence of rioting and at that time were armed with deadly weapons to wit Ramdao, fala etc. and thereby committed an offence punishable under Section 148 of the Indian Penal Code, and within my cognizance. Secondly - That you, on or about the same day and at the same place in furtherance of common intention did commit murder by intentionally causing the death of Mantu Ghosh and thereby committed an offence punishable under Section 302/34 of the Indian Penal Code, and within my cognizance." Accused Ananda Ghosh died before the commencement of trial.
(2.) After completion of the trial, all the five appellants were convicted under Section 302/34, Indian Penal Code and sentenced to imprisonment for life. They were also convicted under Section 148, Indian Penal Code and for such conviction, they were sentenced to suffer rigorous imprisonment for 3 years and to pay a fine of Rs.2,000/-each, in default to suffer further rigorous imprisonment for one year more. The substantive sentences of imprisonment were ordered to run concurrently. The fine, if realised, was ordered to be paid to the legal heirs of the deceased.
(3.) Briefly stated, the prosecution case is as under : Mantu Ghosh (the deceased) was living with his family at Ushidpur, P.S. Kotwali, Nadia. De facto complainant Binapani Ghosh (PW1), Cousin of Mantu's wife Jari (PW9) and sister-in-law of Mantu, was living in the house of Mantu since the death of her husband at tender age. Mantu constructed a new house at Brahmanagar, not far off from Ushidpur. Mantu's wife Jari shifted to the house at Brahmanagar 4 days before the occurrence and she gave birth to a child 3 days before the occurrence.;