A.K.Bhattacharya, J. - (1.) The hearing stems from an appeal preferred against the Judgment and order of conviction and sentence passed by the learned Judge, Special Court-cum-Additional Sessions Judge, Cooch Behar in Sessions Case No. 38/94 on 24.08.1999.
(2.) The Prosecution case, in brief, in that on 07.10.1992 at about 9.30 p.m. on receipt of an information from the public, the defacto complainant (P.W. 1) had been to the P.O., found and came to learn that at about 9.15 p.m. while his brother-in-law Dwijendra Nath Roy was returning to house after viewing a video show, on the way he was attacked and assaulted by accused Gopal Sidhya and his two brothers accused Sunil Sidhya and Anil Sidhya with a spear due to previous grudge thereby causing his death in front of the house of said Gopal. Hence, all the three accused persons were charged under section 302/34 IPC.
(3.) The defence case, as suggested to P.Ws and as contended by the accused persons during their examination under section 313 Cr. PC, is that they are innocent and they have been falsely implicated in this case.;