DEBIPRASAD SENGUPTA, J. - (1.) This appeal is directed against the judgment and order of conviction and sentence dated 16.01.1999 passed by the learned Additional Sessions Judge, Second Court, Krishna nagar, Nadia in Sessions Trial No. III (IX) 98 (Sessions Case No. 28(9) 97) thereby convicting the accused appellants, namely, Tarun Burman and Sanjay Biswas under Section 304 Part I read with Section 34 of the Indian-Penal Code and sentencing them to suffer rigorous imprisonment for 9 years and to pay a fine of Rs.1,000/- each, in default to suffer S. I. for a further period of six months.
(2.) Five accused persons were put up oh trial and out of them the present two appellants were convicted as aforesaid and three others were acquitted of the charge framed against them. The prosecution case, in short, was that on the basis of a complaint lodged by P.W. 1 a case was registered with Ranaghat Police Station being Ranaghat P.S. Case No. 122 of 1997 Dated 4.6.1997 under Section 304/34 of the Indian Penal Code against all the five accused persons. In the First Information Report it was alleged that on 3.6.1997 at about 10.30 / 11.00 P.M. the accused appellants along with three others assaulted one Nepu, his wife and children. After such assault by the said accused persons they came to the house of the informant and requested his mother, Dali Das to help them by giving Rs.10/- as they wanted to proceed towards the hospital. The mother of the informant gave Rs.10/- to Nepu. The accused appellants along with three others, when they came to know that the mother of the informant helped Nepu by giving Rs.10/-, rushed to the house of the. informant and threatened his mother Dali Das.
(3.) It was further alleged that the mother of the informant then went out of the house for going to the local police station for lodging a complaint against the said accused persons. On the way to local police station near the house of one Tarit Dutta the said accused persons surrounded Dali Das and assaulted her with sharp cutting weapons as a result of which the mother of the informant sustained severe bleeding injuries. Dali Das, mother of the informant, was taken to the hospital where she was declared dead. To prove its case, the prosecution examined as many as 17 witnesses including the Investigating Officer and the Autopsy Surgeon and none was examined or behalf of the defence. The defence was a plea of innocence and of false implication. P.W. 1, Kamal Das was the son of the victim lady, Dali Das and he was the informant in the present case. He stated in his evidence that on the relevant date he was at his house and at about 9.00 / 9.30 P.M. one Nepu and his wife, who were the residents of the same locality, came to their house and requested his mother Dali Das to help them by giving Rs.10/- as they were assaulted by the accused persons and they would go to hospital. His mother gave Rs.10/- and thereafter Nepu left for the hospital.;