Joymalya Bagchi, J. - (1.) These appeals are directed against the judgment and order dated 14/15.12.2012 passed by the learned Sessions Judge, Malda in Sessions Trial No. 07 of 2012 arising out of Sessions Case No.27 of 2012 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 each and to pay fine of Rs.5,000/- each, in default, to suffer simple imprisonment for six months more has been assailed.
(2.) Prosecution case as alleged against the appellants is to the effect that the appellants are dangerous and desperate men who were terrorising the fish traders in the locality. Meeting was convened by the merchant association over the issue and the appellants gave an undertaking that they will not create trouble. On 29th April, 2011, the appellants came to the fish stall of one Ajoy Dey, (P.W.1) and his elder brother Paritosh Dey @ Akal, the deceased herein ransacked their fish stall and looted money and fish as therefrom. The matter was informed to the police station as well as the local traders' association. Proceeding under Section 107 of the Code of Criminal Procedure was initiated against him. Thereafter, the appellants again threatened the victim and his brother with dire consequences.
(3.) Finally, on 8.5.2011 at 6.30 A.M., the appellants accosted the victim in front of R.S.P. party office and assaulted him on his neck and shoulder with sharp cutting weapons and shot at the victim. As a result, the victim died. Over this incident, his brother Ajoy Dey, P.W.1 lodged first information report resulting in registration of Balurghat P.S. Case No.218 of 2011 dated 08.05.2011 under Sections 302/120B of the Indian Penal Code read with Section 27(3) of the Arms Act.;