Panigrahi, J. - (1.) The appellants were prosecuted for having committed the murder of Abdur Raheman on or about 9th day of June, 1987 at Paschim Para under P. S. Bhagabangols within Murshidabad District. The learned Additional District Judge, 4th Court, Murshidabad convicted them for having committed murder of the aforesaid person and sentenced them to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code.
(2.) The skeletal picture of the prosecution story as narrated is the F.I.R. lodged by P.W.1 Jahura Bewa is as follows:- "That the defacto complainant's husband died about four years prior to the incident. After P.W. 1 husband's death Abdur Rahamaa Molla who happened to be the brother-in-law of the informant used to look after the landed properties of the informant. On the date of incident, i.e. on 9.6.1987 at about 10 p.m. in the night, the victim Abdur Rehaman Molla came to their house for holding a discussion about the landed properties. At that juncture, the appellants entered inside the house being armed with deadly weapons like lathis and indiscriminately assaulted Abdur Rahaman Molla. The victim raised an outcry which engaged the attention of the informant and her children. Many other persons reached at the spot and the appellants after seeing them fled away from the place of occurrence, after sometime they again came armed with different deadly weapons such 'pasne' in their hands end directed the person assembled there to immediately quit the piece. the appellants Niyamat and Rahamat launched murderous assault oi Abdur Rahaman Molla by 'pasae'. The appellant Jakirullah arked the other appellant to keep guard on the door by not allowing anybody to enter. After a while, the appellants thinking the victim dead left the place. Some villagers including the son of the victim came running to the spot after hearing the shriek raised by the victim. Those persons while coming to the house of the informant saw the appellants flee away from the spot. P.W. 1 has further stated in the F.I.R. that the witnesses asked the injured who sere his assailants to which he uttered the names of his assailants. It is further stated that it was being a moonlit night they could see clearly the appellant running away from the spot. The information was lodged at the P. S. at about 12.35 a. m. on 10.6.1987 which was treated ai F.I.R. it has been noted is the report that the injured was lying at Lalbagh hospital in an alarming condition, and he subsequently died."
(3.) The case was initially registered aider Section 304 I. P. C. but in the event of death of the victim it was turned into a case of murder under Section 302 I. P. C. read with Section 34 I. P. C;