- (1.) NONE appears on behalf of the appellants to prosecute the matter. Mr. Pratip Kumar Chatterjee, learned counsel, is requested to appear as amicus curiae to assist the Court.
(2.) THE appellants have appealed against the judgment and order dated 31.03.2008 and 01.04.2008 passed by the learned Additional Sessions Judge, Fast Track 1st Court, Kandi, Murshidabad in Sessions Case No. 57 of 2005 convicting them for commission of offence punishable under Section 304 (Part II) of the Indian Penal Code and sentencing them to suffer imprisonment for seven years and to pay a fine of Rs.2,000/ - each in default to suffer simple imprisonment for one month more.
(3.) THE prosecution case, as alleged, against the appellants is that victim Monhara Bibi, daughter of Monsur Sk. (since deceased) had come to her paternal home as she was nine months pregnant. On 11.09.1997 at around 11 a.m., she had gone to the pond opposite to the road on the Southern side of the house of one Jahur Sk. The youngest son of Monsur Sk., Basir Ali, splashed into pond and some water sprayed on the person of Jahur Sk. Jahur Sk. slapped Basir Ali and, as a result, victim Monahara Bibi protested. Upon the direction of Jahur Sk., appellants, namely Nasera Bibi (wife of Jahur Sk.), Manowar Sk. (son of Jahur Sk.), Jarina Bibi (wife of Manowar Sk.) and Nurjila Bibi (daughter of Jahur Sk.) assaulted the victim with fists, blows and kicks and, as a result, she was died. The father of the victim, Monsur Sk. (since deceased) lodged First Information Report with the Bharatpur Police Station resulting in registration of Bharatpur P.S. Case No. 39/97 dated 11.09.1997 under Section 304/34/114 of the Indian Penal Code. In conclusion of investigation, charge sheet was submitted under Sections 304/114/34 of the Indian Penal Code and the case was committed to the Court of Sessions, Murshidabad. Thereafter, the case was transferred to the Court of learned Sessions Judge, Fast Track, Kandi, Murshidabad, who framed charges under Sections 304/34 of the Indian Penal Code against the appellants. In course of trial, the prosecution examined as many as nine witnesses and exhibited a number of documents. The defence of the appellants was one of innocence and false implication. It was specific defence of the appellants that the victim, being pregnant, had slipped on the bank of the pond and had died. Upon conclusion of trial, learned Trial Court by judgment and order dated 31.03.2008 and 01.04.2008 convicted the appellants for commission of offence punishable under Section 304(II) and sentenced them, as aforesaid.;