BASUDEV PANIGRAHI, J. - (1.) This appeal is directed against the judgment dated 29th August 1990 passed by the learned Sessions Judge, Xth Bench, Calcutta in Sessions Trial No. 1 of 1990 by asking the appellants to undergo imprisonment for life and to pay a fine of Rs. 1000/- each, in default, to suffer R. I. for six months more.
(2.) The prosecution case succinctly stated as follows :On 10-2-89 at about 7 p.m. there was a quarrel between the appellant Joydeb @ Jagi and his wife on the one hand and the deceased on the other. During the course of quarrel the deceased Sankar Ghosh was said to have slapped on the face of the appellant Jagi. The gentlemen of the locality intervened and amicably settled the dispute. The appellant Jogi however, had threatened that he would take revenge on the deceased Sankar. Thereafter, on the same night at about 11 pm. while the deceased Sankar was sitting in front of "Mastarda Charitable Dispensary" the appellants and two other accused persons being armed with 'Nepala' and bombs attacked the deceased Sankar. The appellants Jogi and Kachi were said to have dealt with Nepala and the other accused persons hurled bombs. After the incident while fleeing away from the place of occurrence, they shouted 'Sankar was done away with'. However, as a result of such assault Sankar sustained severe bleeding injuries and fell down helplessly on the road. Few persons of the locality then removed Sankar to the Medical College Hospital where he succumbed to his injuries. One of the persons being present at the spot informed the incident to the police over telephone which was diarised as per G. D. Entry No. 1005 dated 10-2-89. On receiving the said information the police immediately swung into action. At the place of occurrence, the police officer recorded the statement of Ashok Ghose, brother of the deceased Sankar vide P.S. Case No. 49 dated 11-2-89 which was treated as first information report and registered the case under Section 302/34 of the Indian Penal Code and proceeded with further investigation. After completion of investigation they submitted a charge-sheet against the appellants and two other acquitted accused.
(3.) The defence of the appellants as well as other accused persons was totally denial of the prosecution case. They further pleaded to have been falsely implicated in this case. The trial Court in order to bring home the charge to the appellants has examined 20 witnesses. According to the prosecution case, the evidence of three witnesses lends to support the prosecution case namely, P.W. 4, P.W. 7 and P.W. 8 who are the brother, wife and sister of the deceased Sankar Ghosh.;