Joymalya Bagchi, J. - (1.) Appeals are directed against the judgment and order dated 05.09.2012 and 06.09.2012 passed by the learned Additional Sessions Judge, Fast Track Court - I, Uluberia, Howrah, in Sessions Trial No. 232 of 2008 convicting the appellants for commission of offence punishable under Sections 364/302/201/120B of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for life each and to pay fine of Rs.5,000/- each, in default, to undergo rigorous imprisonment for one year more for the offence punishable under Section 364 of the Indian Penal Code, to suffer rigorous imprisonment for life each and to pay fine of Rs.5,000/- each, in default, to suffer rigorous imprisonment for one year more for the offence punishable under Section 302 of the Indian Penal Code, to suffer rigorous imprisonment for five years each and to pay fine of Rs.2,000/- each, in default, to suffer rigorous imprisonment for six months more for the offence punishable under Section 201 of the Indian Penal Code and to suffer rigorous imprisonment for life each and to pay fine of Rs.5,000/- each, in default, to suffer rigorous imprisonment for one year more for the offence punishable under Section 120B of the Indian Penal Code, all the sentences shall run concurrently.
(2.) The prosecution case as alleged against the appellants is to the effect that on 20.10.2007 P.W 1, Amirul Begum was sleeping with her two sons and daughter in her room. At 2 a.m. she took her daughter Hasina and son Ajijul out answer nature's call. She was holding an emergency light in her hand. When she returned to the varanda of her room, she saw Aspear @ Aspi son of Rasid Molla was coming out from her room taking her another son Jahidul aged around 3 years 8 months on his shoulder. She chased him and tried to snatched her son. Moti Molla and other accused persons Mosiar, Murtaja Molla @ Feko, Sayed Mallick, Manirul @ Moni Molla and Jane Alam Molla chased her and abused her in filthy language. Jane Alam threatened her with a gun aiming at her chest and told her to call her husband if she wanted her son alive. Another house of P.W 1 is situated at a distance of 10 minutes walk from the place of occurrence where her husband was sleeping. The accused persons had killed one Asraf Molla. Her mother in law was an eye-witness to the incident. The accused persons had threatened her mother in law and her husband not to depose in court. As a result her husband was not staying with them. P.W. 1 informed her husband. Thereupon, her husband and other villagers came to the spot and started searching for the child but could not found him. At 3 a.m police was informed over telephone. Next morning she came to know from villages that the accused persons had killed her son and thrown his body in a pond at Kayalpara. It is also relevant to note that her sister in law went to the house of Samser Molla and Badruddaja and requested them to rescue her son but Samser told her that they will not get the child back unless they withdrew their names as witnesses in the murder case. On the written complaint of P.W 1, FIR was registered against the accused persons being Uluberia P.S case no. 341 of 2007 dated 21.10.2007 under Sections 364/302/201/34 of the Indian Penal Code. In conclusion of trial charge-sheet was filed in the instant case and the case, being a sessions triable one, was committed to the Court of Sessions and transferred to the Court of the Additional Sessions Judge, Fast Track Court - I, Uluberia, Howrah for trial and disposal.
(3.) Charges were framed against the appellants and one Sayed Mallick who pleaded not guilty and claimed to be tried.;