JUDGMENT :

RAJASEKHAR MANTHA, J.

1. The subject appeals are directed against a judgement and order of conviction dated 30th September, 2015 and 5th October, 2015 respectively, passed by the Additional Sessions Judge, Bishnupur, Bankura in Sessions Trial No.04(04)/2007 arising out of Sessions Case No.01(02)/2007.

2. The appellants were convicted under Section 302 of the IPC to suffer rigorous imprisonment for life and with fine of Rs.10,000/- each. In default thereof, to suffer further imprisonment for a term of two years. Fine amount, if realized, is to be paid to the mother of the victim.

3. The appellants were also sentenced under the later part of the first paragraph of Section 307 of the IPC to suffer rigorous imprisonment for life and with fine of Rs.5,000/- each. In default thereof, to suffer imprisonment for a term of one year. Fine amount, if realized, was to be paid to the mother of the injured victims. The sentences were run consecutively after the expiry of other.

PROSECUTION CASE, THE EVIDENCE ON RECORD AND ANALYSIS OF THIS COURT:

4. On 8th January, 2006, the appellants namely Tanmoy Chatterjee, Banamali Sharma @ Rakshit, Sagar Bauri, Kartick Bauri @ Bagdi, Surya Haldar and Indrajit Deb @ Khapa entered the house of PW-1 Ramchandra De at village Hut Krishnanagar, Bankura at about 1:30 am. The house was large in size. The victims Susanta Dey, Prasanta Dey, Sumonta Dey and Srikanta Dey(deceased victim) lived there and were present in the said house.

5. The said Susanta Dey, Prasanta Dey, Sumonta Dey and Srikanta Dey were sleeping in their rooms in the house. The appellants were carrying sharp cutting weapons like, bhojali, khukri and knifes and attacked the victims with the said weapons. There were long pending land dispute between the parties. While running away from the P.O the appellant threw a bomb at P.W1. It however hit a wall. P.W1 hid away out of fear.

6. The injured victims sustained serious injuries and were initially taken to Patrasayer BPHC and latter to Bankura Medical College and Hospital. They recovered from their injuries.

7. The appellants, however, inflicted fatal injures on said Srikanta Dey that his internal organs from the abdomen protruded and fell out at the PO. He was also taken to Patrasayer BPHC, where he was declared dead.

8. All the appellants except Surya Haldar fled the place of occurrence. Surya Haldar was restrained by two of the injured witnesses and their family members and tied him with a post.

9. The police arrived at the place of occurrence early in the morning. The incident was witnessed by PW-1 Ramchandra De, PW-4 Lakxikanta De, PW-5 Rawni Dey, PW-6 Smt. Hiru Dey, PW-7 Soma Sharma, PW-9 Smt. Priya Dey, PW-10 Smt. Purnima Dey and PW-11 Piru Dey. They were eye witnesses.

10. PW-14 Prasanta Dey, PW-16 Srimanta Dey and PW-17 Sushanta Dey were the injured eyewitnesses.

11. A UD case was registered in respect of the said incident. The inquest on the deceased victim, was conducted by PW-33 SI Phalari Kumar, who was also the investigating officer. The said inquest was witnessed by PW-1 Ramchandra De, PW-2 Jagabandhu Sutradhar, PW-3 Haru Banerjee, PW-4 Lakxikanta De and PW-12 Sadhananda Sharma. It was conducted at the Patrasayer BPHC.

12. All the accused persons were later arrested from time to time.

13. On the leading statement of the accused Indrajit Deb @ Khapa, Banamali Sharma, and Tanmoy, the police seized the blood stained weapons and a bomb. The I.O also seized blood stained earth and a bomb splintered earth from the P.O.

14. PW-1 Ramchandra De woke up first after the incident. He shouted to alert the others.

15. Indrajit Deb @ Khapa threw a bomb which hit the wall of the said house. The earth strained with the splinters of the bomb also seized by the police. Another bomb was recovered from the appellant/Indrajit Deb @ Khapa.

16. After investigation was completed by PW-33 SI Phalari Kumar and PW-34, charge sheet was filed. Charges were framed against the appellants under Sections 149, 302 and 307 of