MOHAN M.SHANTANAGOUDAR, J. - (1.) Challenge in this appeal is against the Judgment dated 22.08.2014, passed by the High Court of Calcutta in C.R.A No. 310 of 2009, by the convicted accused.
(2.) The appellants faced trial for certain offences including the offences punishable under Sections 307, 456, 427 read with 34 of the Indian Penal Code (hereinafter referred to as "I.P.C"). The Learned Additional Sessions Judge, Fast Track Court III, Krishnagar, Nadia convicted the appellants for the offences under Sections 307, 456 and 427 read with 34 of IPC, accordingly sentenced them to undergo R.I. for 5 years and fine of L 5,000/- each, in default to suffer simple imprisonment for 1 year, R.I. for 3 years with fine of L 2,000/- and simple imprisonment for 2 years and fine of L 1,000/- respectively that shall run concurrently. By the impugned Judgment, the High Court having found on facts that the appellants neither caused mischief within the meaning of section 425, I.P.C. nor had any intention or knowledge to commit murder in terms of Section 307, IPC thus convicted them for the offences under Section 326 read with Section 34 and under Section 456 r/w Section 34, IPC.
(3.) The case of the prosecution in brief, as unfolded in the course of trial is that at about 9:00 P.M. on 10.06.2005 the appellants along with certain others threw brick bats on the tile-shaded house of the informant, Abdul Gaffar Dewan (PW-1) herein. As a result, some of the tiles were damaged. At that time Dalil Dewan (PW-2), father of the informant, intervened and raised objection against illegal acts of the accused. As a result, the appellants being armed with sharp cutting weapons entered into the house of informant and attacked P.W-2, father of the informant, resulting in certain contusions and bleeding injuries. The accused also assaulted the mother, elder brother and sister-in-law of the informant.;