- (1.)The challenge in this appeal is to the judgment and order of conviction and sentence passed by the learned Additional District & Sessions Judge, Fast Track, Court No. 5, Malda in S. T. 9(4) of 2009 corresponding to S. C. No. 47 of 2009 dated 25.11.2009 thereby convicting the appellants Biplab Mondal and Netai Mondal for committing offence under Section 304 Part-II of the I. P. C. and sentencing them to suffer R. I. for seven years each and to pay a fine of Rs. 5,000/- each.
(2.)Succinctly, the case of the prosecution before the learned Trial Court was that on 5th March, 2007 at about 4.00 P. M. , the appellants Biplab and Netai assaulted Dilip Mondal near his house mercilessly. Dilip lost his sense and was taken to Chanchal hospital in an unconscious condition where he was declared dead by the Doctor. Manik Mondal, his brother lodged the F. I. R. with Chanchal Police Station at about 6.45 hours and the same was registered as Chanchal Police Station case No. 35 of 2007 dated 5.3.2007. The case was investigated into and ended in a charge sheet. The appellants were arrayed to face charges under Sections 341 and 304 read with Section 34 on the I. P. C. They pleaded their innocence and accordingly, the trial commenced.
(3.)In course of trial, prosecution examined as many as six witnesses. Some documents were admitted into evidence and marked exhibits on behalf of the prosecution. No witness was examined on behalf of the defence. No document was also filed from the defence.