JUDGMENT :

1. Heard Mr. Rupayan Deb, learned Amicus Curiae appearing for the appellants and Mr. Prasun Kumar Dutta, learned Additional Public Prosecutor assisted by Md. Kutubuddin and Mr. Santanu Deb Roy, learned Counsels appearing for the State.

2. This appeal arises out of the judgment dated 13.06.2003 and order of sentence dated 16.06.2003 passed by Additional Sessions Judge, 3rd Court, Howrah in Sessions Trial No. IV (OCTOBER) 2000 Convicting the appellants under Sections 324/307/302/34 I.P.C. and sentencing each of them to suffer R.I. for three years and to pay fine of Rs. 3,000/-each for the offence under Sections 324/34 I.P.C. i.d. to suffer S.I. for six months more, to suffer R.I. for ten years and to pay fine of Rs. 5,000/-each for offence under Sections 307/34 I.P.C. i.d., to suffer S.I. for six months more and to suffer imprisonment for life and to pay fine of Rs. 10,000/-each for offence under Sections 302/34 I.P.C. i.d., to suffer S.I. for one year more with further order for concurrent running of the sentences so passed with benefit of set off under Section 428 Cr.P.C.

3. The occurrence happened at about 7.30 p.m. on 10.10.1996. Asto Mondal (P.W. 1) is the widow of deceased Ramesh Mondal. She is the informant. Deceased Ramesh Mondal was working as a hand cart puller at Aluposta at the relevant time and his widow (P.W. 1) was working at Salkia. Manju Chakraborty (P.W. 8), Mina Bera (P.W. 6) and Anjali Jana (P.W. 5) were also working at Salkia. After finishing the day’s work, they availed of a train and got down at Uluberia Railway Station. From there, Ramesh Mondal (deceased), his wife (P.W. 1), Manju Chakraborty (P.W. 8), Mina Bera (P.W. 6) and Anjali Jana (P.W. 5) were walking down to their village by the side of railway line. After walking for about five Minates, all of a sudden, some miscreants assaulted Manju Chakraborty (P.W. 8) and Mina Bera (P.W. 6). Ramesh Mondal (deceased) rushed to their rescue. He was also assaulted by them with a knife in the left side of his stomach. The miscreants also snatched away two ear rings of Asto Mondal (P.W. 1). Seeing the incident, Anjali Jana (P.W. 5) rushed to the village for help and many villagers gathered at the spot. On information regarding the assault, the I.O. (P.W. 16) came over the spot along with S.I., Shalimar G.R.P.S. (P.W. 11).

3.1. P.W. 16 in course of investigation, visited the spot, prepared rough sketch-map with index, seized some incriminating articles from the spot, recorded the statement of some of the witnesses. He remained absent from 13.10.1996 on medical leave and rejoined on 08.12.1996 (after about two months). The informant, Asto Mondal (P.W. 1) made oral complaint about the incident before the I.O. (P.W. 16) in the same night in her house, which P.W. 11 reduced into writing under his hand and read over the contents of the report to P.W. 1. P.W. 1, thereafter, put her L.T.I. on the report. The said report was, thereafter, sent to the P.S. through Constable (P.W. 15) where P.W. 14, ASI of Police filled up the formal FIR and registered G.R.P.S. Case No. 29 of 10.10.1996. During absence of I.O. (P.W. 16), P.W. 11 arrested appellant no. 2, Sukumar Bera on 16.10.1996 and made prayer for addition of Section 302 I.P.C. in the FIR before the Court as Ramesh Mondal (deceased) had succumbed to the injuries in the night of 10.10.1996. P.W. 16 handed over the charge of investigation on 13.03.1997 on his transfer. Thereafter, P.W. 17 and P.W. 18 took charge of investigation successively but in course of investigation by them nothing substantial in the investigation has happened. Ultimately, P.W. 22 filed charge-sheet against the appellants under Sections 324/307/379/302 IPC on completion of investigation.

4. The prosecution has examined 23 witnesses to prove the charge against the appellants. P.W. 1 is the informant and eyewitness to the occurrence. P.W.s. 6 and 8 are the injured witnesses. P.W. 6 happens to be the mother of P.W. 5 who is also an eyewitness. P.W.