P.K.Biswas, J. - (1.) This criminal appeal is directed against the judgment and order dated September 4,1991 passed by Sri J. Banerjee, Additional Sessions Judge, 4th Court, Murshidabad in connection with Sessions Trial No. 4 of June 1991 corresponding to Sessions Serial No. 109 of 1986. All the appellants were convicted under section 302 read with section 34 of IPC as also under section 324 read with section 34 of IPC and they were sentenced to suffer imprisonment for life and a fine of Rs. 2000/- each in default to suffer rigorous imprisonment for a further period of six months each for the offence under section 302 of IPC read with section 34 of IPC and were also sentenced to suffer rigorous imprisonment for two years each for the offence under section 324 of IPC read with section 34 of IPC. Orders were also passed that substantive sentence of imprisonments are to run concurrently.
(2.) Shorn of unnecessary details prosecution case may be narrated as under:- One Khabiruddin, son of Jesharat of Bablabona P.S. came to the P.S., at about 21.15 hrs. on 10.6.84 and reported to S.I., Sri Ashok Kumar Basu, Officer-in-Charge, Raninagar P.S., that on that date at about 5.45 P.M., Shantu, Wajed, Maniruddin, Imran, Akali and Maijuddin all of Bablabona, P.S., Raninagar came before the house of his brother Samsuddin and his son, Obaiddul Islam and started hurling filthy languages towards them. At that time, Jhantu and Wajed told Samsuddin ("Hey Shala", come out, we shall finish you off".)
(3.) Hearing such shouts, Samsuddin and Obaiddul came out of their house and then Maniruddin and Wajed at once held Samsuddin while Jhantu pulled Obaiddul down in the 'Palanga' after catching him. At that time, Wajed had a 'Fala' in his hand, while Maniruddin had 'Pashili' in his hand, Jhantu held a sword and Imran a 'Fal' in their hands. Akali and Maijuddin were also armed with 'Pashili'. Then all of them started assaulting Samsuddin and Obaidul with their respective weapons in their hands. As a result, Samsuddin and Obaidul sustained various injuries on their persons. Kalu Sk. came to resist Jhantu and then Wajed assaulted Kalu on his arm with his 'Fala'.;