JUDGMENT :

DEBANGSU BASAK, J.

1. Two appeals have been heard analogously as they have emanated from the same impugned judgement of conviction and the order of sentence.

2. By the impugned judgement of conviction dated February 9, 2022, the learned Trial Court has found twelve accused guilty of offences under Section 148/302/201/149 of the Indian Penal Code, 1860. The learned Trial Judge has acquitted all the appellants, of the charge under Section 379 of the Indian Penal Code, 1860.

3. By the impugned order of sentence, the learned Trial Judge has sentenced the appellants to suffer rigorous imprisonment for three years under Section 148 of the Indian Penal Code, 1860, three years rigorous imprisonment and to pay a fine of Rs. 5,000/-and in default to suffer rigorous imprisonment of six months for the offence under Section 201 of the Indian Penal Code, 1860, rigorous imprisonment for life and to pay a fine of Rs. 20,000/-and in default to suffer rigorous imprisonment for one year for the offence under Section 302 of the Indian Penal Code, 1860.

4. The learned Trial Judge has convicted twelve accused persons. The learned Trial Judge has filed the case forever against one accused who died during pendency of the case.

5. Out of the twelve convicted persons, eleven have filed CRA (DB) 36 of 2022. For the sake of convenience, the appellants therein have been referred to as the appellants in the first appeal, and their appeal as the first appeal, in this judgement and order. One of the convicts namely Serajul Haque has filed CRA (DB) 62 of 2022 and for the sake of convenience he is referred to as the appellant in the second appeal.

6. Police had received written complaint dated March 20, 2008 from Prosecution Witness (PW) 15 with regard to murder of her husband on March 19, 2008. In her written complaint, PW 15 had named 29 persons along with others to be involved in the murder of her husband. She had narrated that on March 19, 2008 at 5 P.M her husband was coming from Malda Town by Malda Katihar Train. Such train was at Valuka Road at about 6.45 P.M, the accused persons in a preplanned manner boarded the train with arms in their hands and forcefully pulled her husband out of the train. Thereafter, they had put her husband on the motor vehicle and took her husband towards Rangaipur. The accused persons had tied both the hands of her husband to the motor vehicle and after making him naked started assaulting him physically. The accused persons had cut the nerves under knees of both the legs of her husband with sharp weapons, hit his head with fire arms causing severe bleeding injury, cut the right leg into two pieces. The appellants had assaulted her husband with sharp weapons, seriously injuring him and murdered him. During the assault, they had snatched the wrist watch of her husband and mobile and other articles of her husband. The appellants had thrown the dead body and amputed leg in the northern side of Daulatpur Bridge. Thereafter, the appellants had gone to Rangaipur village. The accused persons had threatened the villagers that, if anyone revealed anything, they would be send to hell. She had explained the late lodging of the written complaint as she was busy with the post mortem work. She had come to the police station with her brother-in-law to lodge the written complaint.

7. On the basis of such written complaint, police had registered Harishchandrapur Police Station F.I.R No. 42/08 dated March 20, 2008 under Sections 302/201/379/120B/34 of the Indian Penal Code, 1860 against 29 named accused along with other unnamed persons.

8. On the conclusion of the investigations, police had submitted charge sheet against 36 persons on January 15, 2009 under Section 302/201/379/120B/74 of the Indian Penal Code, 1860. Court had framed charges.

9. Charges under Sections 148/202/149/379/201 of the Indian Penal Code, 1860 had been framed against 34 accused persons on February 7, 2011 and against 2 persons on March 3, 2013. The accused persons had pl