Joymalya Bagchi, J. - (1.) The appeal is directed against the judgment and order dated 15.02.2016 and 16.02.2016 passed by the learned Additional Sessions Judge, Diamond Harbour, South 24 Parganas in S.T. no. 1(1)15 arising out of Sessions Case No.34(6) of 2014 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 Rs2,000/- each, in default to suffer simple imprisonment for one month more.
(2.) Prosecution case, as alleged, against the appellants is to the effect that on 25.5.2013 at 7 a.m while Gopal Sardar and his wife Rekha, the victim, were repairing their shop room, the appellants along with other accused persons attacked them mercilessly. Manoranjan hit Rekha on her head with an iron rod. As a result, she fell down. Thereupon Chittoranjanan and Chandratan pressed iron rod on her neck with their legs. The victim died at the spot. On the written complaint of Gopal Sardar (P.W. 1), Mathurapur P.S case no. 128/13 dated 25.5.2013 under section 302/34 IPC was registered against the appellants and four other accused persons for investigation. In conclusion of investigation, charge sheet was filed in the instant case against the appellants and co-accused persons. The case was committed to the court of sessions and transferred to the court of learned Additional Sessions Judge, Diamond Harbour, South 24 Parganas for trial and disposal.
(3.) Charges were framed under sections 302/34 IPC. The accused person pleaded not guilty and claimed to be tried.;