GIRISH CHANDRA GUPTA

1. THIS appeal is directed against a judgment and order dated 21st March 2009 by which the learned Additional Sessions Judge, Fast Track Court-1st Court, Baruipur in Sessions Trial Case No. 4(08)05 in connection with Sessions Case No. 26(12)04 (State Vs. Akbar Khan and 4 others) convicted all the accused persons of an offence punishable under Sections 304 Part-1 and 326 of the Indian Penal Code read with section 34 thereof. The convicts were sentenced to simple imprisonment for 10 years each for the offence punishable under Section 304 Part Part-1 of the Indian Penal Code as also to pay fine of Rs. 5,000/- each and for the offence punishable under Section 326 I.P.C they were sentenced to 10 years of simple imprisonment as also to pay fine of Rs. 500/- each, in default to undergo further simple imprisonment for a period of 6 months and 2 months respectively. 50% of the fine, if realized, was directed to be made over to the legal heirs of the victim Prabhat Kr. Mitra. The convicts have come up in the appeal.

2. The facts and circumstance of the case briefly stated are as follows: On 7th February 2004 at about 11 a.m. The accused amongst others were playin