RAGHUNATH BHATTACHARYA,J. - (1.) THIS appeal is directed against the judgement and order of conviction passed by Sri A.K. Acharya, Additional Sessions Judge, Fast Track Court, Hooghly thereby sentencing twenty convicts to suffer R.I. for three years along with payment of fine of Rs. 5,00.00 in default to suffer R.I. for one month for the offence punishable under Section 324 read with Section 149 of I.P.C. and imprisonment for two months and payment of fine of Rs. 500.00 each in default of R.I. for one month for an offence punishable under Section 148 of I.P.C.
(2.) THE fact of the case is that on 26.05.2001 in the dead of night Laxmi Kanta Das and his brother Prabir Das were going back to their house then at the Kalibari More then about 20-25 persons armed with deadly weapons surrounded them. One of the accused Sanjoy Santra hit at the head of Laxmi Kanta Das by means of sword and Prabir Das assaulted at his right shoulder by means of iron rod, Subrata Manna, now deceased, assaulted Prabir Das by means of Tangi. Both of them sustained bleeding injuries as a result Prasanta rushed to the spot for help but Sanjoy assaulted him while police came and took them to the hospital. Subsequently Laxmikanta Das and Prabir Das were shifted to Sreerampore Walsh Hospital and the defacto complainant cum plaintiff lodged an F.I.R. to the local Police Station. Hence the prosecution case. Police took up investigation, submitted charge sheet against the accused person under Section 147/148/149/324/326/307 I.P.C,. Subsequently charge sheet was framed against all the twenty one persons for an offence punishable under Section 148/324/326/307 and 149 I.P.C.
(3.) THE defence case as it appears from the trend of the crossexamination is that of absolute innocence. In order to prove the prosecution case as many as seventeen witnesses are examined including defacto complainant as P.W. 1, P.W. 2, P.W. 3 and P.W. 5 all of the villagers witnessed to the seizure list. P.W. 7, P.W. 8 and P.W. 9 are the villagers witnessed the assembly at Kalibari More and P.W. 10, P.W. 11 and P.W. 13 are the injureds. P.W. 12 is the police officer who supported the case. P.W. 6 is the doctor of Sreerampore Walsh Hospital. P.W. 14 is an another doctor of Calcutta Medical College and Hospital and P.W, 16 is the I.O. of this case.;