1. These two appeals are directed against a judgment and order of acquittal of five accused persons, namely, (1) Ashit Gayen, (2) Sasti Gayen, (3) Kartick Das, (4) Subhas Bhoumik @ Baban and (5) Ramesh Mahato dated December 6, 2014 passed by the learned Additional District & Sessions Judge, Fast Track 1st Court, Howrah in S.T. No. 88 of 2012 arising out of Bally Police Station Case No. 205 of 2011 (G.R. Case No.2097 of 2011) dated May 6, 2011 under Sections 302/120B/34 of the Indian Penal Code (hereinafter referred to as the I.P.C.) read with Sections 25/27/35 of the Arms Act.

2. A separate charge sheet dated September 26, 2011 was filed against two other accused persons, namely, Santosh Singh and B. Raju under Sections 302/120B/34 of the I.P.C. read with Sections 27/35 of the Arms Act showing both of them as absconder before the learned Chief Judicial Magistrate, Howrah. Consequent thereupon, the names of the aforesaid two accused persons were “filed for the present” by an order dated March 22, 2012 passed by the aforesaid learned Chief Judicial Magistrate, Howrah.

3. An application bearing CRMSPL No.1 of 2015 filed by the State of West Bengal against the aforesaid judgmen