R. Banumathi, J. - (1.) Leave granted.
(2.) This appeal arises out of judgment and order of the High Court at Calcutta in C.R.A. No.59 of 2016 dated 23rd July, 2018 (as corrected by 31st July, 2018) in and by which the High Court affirmed the conviction of the appellants under Sections 323, 341, 304 read with 34 IPC. However, the High Court modified the sentence of the appellants from life imprisonment to fourteen years each and directed the appellants to pay fine of Rs.10,000/- each with default clause. The High Court allowed the appeal filed by the co-accused i.e. A-1 to A-5 and A-9 and acquitted them.
(3.) Briefly stated case of the prosecution is that on the morning of 12th August, 2010 at 10:00 a.m. there was an altercation between the deceased-Morshed Malita (alias Morsed Malita) and the accused-Hannan Mondal (since acquitted) over the issue of the latter encroaching on a path which prevented the bullock cart to move down the said road. Again, on the same day i.e. 12th August, 2010 at 04:00-05:00 p.m. the deceased-Morshed Malita had an altercation with accused-Hannan Mondal over the same land dispute. On hearing the noise, Innach Malita (PW-1), Asraf Malita (PW-4) and Rajabul Malita (PW-5) rushed to the spot to the rescue their father-Morshed Malita. At that time, accused party also came there and the first appellant-Nazir Malita (A-6), second appellant-Hira Malita (A-7) hit the deceased-Morshed Malita with a fala on the front and back of his torso. The third appellant-Rashid Malita (A-8) is alleged to have given a blow on the hand of the deceased with ramda. Other accused are alleged to have assaulted the deceased-Morshed Malita with lathi, ramda, rod etc. The deceased-Morshed Malita was taken to the hospital on the same day i.e. 12th August, 2010. Initially a case was registered against the appellants and other accused under Sections 341, 325 and 326 read with 34 IPC. On the next day i.e. 13th August, 2010, the deceased-Morshed Malita succumbed to injuries and the FIR registered against the appellants was altered to under Section 302 IPC.;