Joymalya Bagchi - (1.) Appeals are directed against the judgment and order dated 20-23.02.2015 passed by learned Additional Sessions Judge, Fast Track Court, Serampore, Hooghly in S.C. No. 176 of 2006 (S.T. NO. 14 of 2007) convicting the appellants for commission of offence punishable under Sections 302/364/120B of the Indian Penal Code and sentencing them to suffer imprisonment for life each and to pay a fine of Rs.5,000/- each, in default, to suffer simple imprisonment for three years for the offences punishable under Sections 302/364/120B of the Indian Penal Code.
(2.) Prosecution case, as alleged, against the appellants is to the effect that one Sambhu Roy aged about 26 years was engaged in various antisocial activities for the last 5-6 years. As a result 7-8 days prior to the incident, he left his residence at 3, Chatkat Gate N.D. Bose Land, Konnagar, Uttarpara and started residing with his wife, Madhuri Roy(P.W. 21) and children to the house of one Shiv Bachchan Prosad Kahar Singh as a tenant at Adarshya Nagar, English Road, Uttarpara. On 18.12.2005 at about 2 a.m. at night, three unknown persons entered the rented house after damaging the grill gate and brought him out. His wife tried to resist them but they threatened her. She shouted for help but nobody came to her rescue. Thereafter, unknown accused assaulted on the head of her husband with a sharp cutting weapon and shot him dead in front of Black Panther Club of English Road. Wife of the deceased suspected that due to prior enmity her husband was murdered. On her written complaint, Uttarpara P.S. Case No. 171 of 2005 dated 18.12.2005 under Sections 302/34 of the Indian Penal Code read with Section 25/27 Arms Act was registered against unknown miscreants. Police officers came to the spot and held inquest report over the dead body of the victim. In a subsequent statement made on the self-same date, it is alleged Madhuri (P.W.21) disclosed the names of the appellants as assailants. Subsequently, investigation was transferred to CID, West Bengal and the appellants who were already in custody in connection with another case were interrogated by the second investigating officer (P.W. 24) and shown arrested in this case.
(3.) In conclusion of investigation, charge sheet was filed against the appellants and one Shyamal Das alias Hubba Shyamal (since deceased), Bapi Khastagir @ Benarasi Bapi, Rabi Das (acquitted during trial) and Chanchal Sengupta, (absconding accused). The case was committed to the court of sessions and transferred to the court of learned Additional Sessions Judge, Fast Track Court, Serampore, Hooghly, for trial and disposal.;