Form No. J(1)

IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION APPELLATE SIDE Present:

The Hon’ble JusticeRajasekharMantha &

The Hon’ble Justice Ajay Kumar Gupta C.R.A. 9 of 2004 Biswaranjan Das @ Santu Das &Ors.

Vs.

State of West Bengal With C.R.A. 37 of 2004 Mrityunjay Biswas Vs.

State of West Bengal For the Appellant :Mr. Y.J. Dastoor, Learned Senior Advocate Mr. PrabirMajumder Mr. SnehansuMajumder Mr. DebrajShil Ms. Sangeeta Chakraborty For the State :Mr. Debasish Roy, Ld.P.P.

Ms. Zareen N. Khan Heard on : 4th March, 2025 Judgment on : 7thMarch, 2025 RajasekharMantha, J.

1. The instant appeals are against the judgment and order of conviction dated

19th November, 2003 and 20th November, 2003 passed by the Additional Sessions Judge, 3rd Court, Nadia in Sessions Trial No. 1 of November, 1999 arising out of Sessions Case No. 6 of December, 1996. The appellants were convicted and sentenced to suffer imprisonment for life under Section

302/34, 302 of the Indian Penal Code.

FACTS OF THE CASE

2. The prosecution case in brief is that on the early hours of 28th July, 1993 between 12:45 AM to 01:00 AM, the victim Sachin Mondal, a resident of Sahebnagar village under Dhubulia Police Stati