JUDGMENT

Nishita Mhatre, J.—The appeal is directed against the judgment and order of the Additional Sessions Judge, 1st Fast Track Court, Lalbag, Murshidabad, in Sessions Trial No.2 of January 2004. The appellants were charged under Section 326 read with Section 34 of the I.P.C. and Section 307 read with Section 34 of the I.P.C. and under Sections 25 and 27 of the Arms Act. They have been acquitted of the charges under Sections 25 and 27 of the Arms Act. However, they have been convicted and sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs.2,000 (Rupees two thousand only) each and in default of payment of which to suffer simple imprisonment for further period of one year for the offences under Section 307 read with Section 34 of the I.P.C. The sentence of three years and a fine of Rs.1,000 (Rupees one thousand only) for the conviction under Section 326 read with Section 34 of the I.P.C. is directed to run concurrently.

2. The complainant Abhijit Mondal lodged a complaint on 9th February, 2002 at 7.45 a.m. stating that at 6 a.m. on that day when his father Bhusan Mondal was on his way to their field, the appellants shot him with unauthorized fire-arms. T