JUDGMENT :

Md. Shabbar Rashidi, J.

1. Both these appeals are directed against the judgment of conviction dated 11.02.2020 and order of sentence dated 12.02.2020 passed by learned Sessions Judge, Pashcim Medinipur, in Sessions Trial No. 9 of April 2017 convicting the appellants under section 302/341/34 of the Indian Penal Code. The two appeals are taken up together as they emanate from one and the same judgment and order.

2. One Shymal Ghosh, a resident of Korongapote within Anandapur police station lodged a written complaint on September 03, 2012 alleging, inter alia, that his father Purna Chandra Ghosh was returning from the fields in the afternoon at about 04.30 p.m. At that time, the de facto complainant could see that his third paternal uncle Anand Mohon Ghosh, his wife Parbati Ghosh, their daughter Smapti Ghosh, second paternal uncle of the de facto complainant Nanda Dulal Ghosh and his wife Pushparani Ghosh grabbed his father at a little distance from his house with a plan to kill him. The de facto complainant rushed there and saw that all the aforesaid persons were inflicting torture upon his father in different ways. Uncle of de facto complainant Ananda Mohan Ghosh and his daughter Smapti Ghosh were shouting for killing the stupid (sala) completely. The de-facto complainant also stated that Ananada Mohan Ghosh, Parbati Ghosh, Smapti Ghosh were assaulting his father by axe near the neck and head of his father causing severe bleeding injuries. On alarm being raised by the de-facto complainant, local people started assembling. Seeing this, the aforesaid persons fled away leaving the father of the de facto complainant. With the help of local people, the father of de facto complainant was taken to Medinipur hospital with bleeding injuries where he was declared dead. It was also stated by the de facto complainant that Anando Mohon Ghosh, Parbati Ghosh, Smapti Ghosh, Nannda Dulal Ghosh and Pushpa Rani Ghosh killed father of the de facto complainant Purnachndra Ghosh on account of the family disputes.

3. On the basis of such written complaint, Anandapur Police Station Case No. 70 of 2016 dated 29.11.2016 under sections 341/302/120B/34 of the Indian Penal Code was started against the accused persons including the appellants.

4. The police took up investigation and on completion of investigation submitted charge-sheet under sections 341/ 302/120B/34 of the Indian Penal Code.

5. Upon appearance /production of the accused persons and on compliance of the provisions under section 207 of the Code of Criminal Procedure, the case was committed to the Court of Sessions for trial. In consideration of the materials in the case diary, charges under sections 302/34 and 341/34 of the Indian Penal Code were framed against all the five accused persons.

6. In order to substantiate the charge-sheet, the prosecution examined 12 witnesses. In addition, the prosecution also adduced documentary material evidences.

7. The de facto complainant Shymal Ghosh deposed as PW1. He identified the accused persons in Court. He stated that on 28.11.2016 at 04.30 pm, he was going out from his house. At that time, he found that while his father Purna Chandra Ghosh was returning from the fields, all the five accused persons caught hold of him and laid him down on the ground. All of them were shouting to kill him. PW1 also stated that Parbati Ghosh and Shymal Ghosh caught hold of the legs and hands of his father. Accused Ananda Mohon Ghosh assaulted his father with an axe. The incident occurred at a distance of twenty/twenty-five feet from his house. Seeing the incident, PW1 shouted for help and at his alarm, neighbors rushed to the place of occurrence. PW1 has named Sushanta Ghosh, Tushar Ghosh and Ranajit Ghosh who came to the place of occurrence upon his alarm. Thereafter, Ananda Mohan Ghosh left the place with the accused followed by the remaining accused persons. Upon a close scrutiny, PW1 found his father unconscious with active bleeding injuries. The victim was tak