Indira Banerjee, J. - (1.) THIS appeal filed by the three accused appellants is against a judgment and order dated 29th January, 2004 passed by the Additional Sessions Judge, 3rd Court, Bankura, in Sessions Trial No. 4(6) 93, arising out of Sessions Case No. 13(1) 1993 whereby the accused appellants have inter alia been held guilty and convicted of offence under Section 304 Part I read with Section 34 of the Indian Penal Code and an order of sentence passed on the same day, whereby the accused appellants have been sentenced to suffer rigorous imprisonment for 10 years each and to pay fine of Rs. 2,000/ - each, in default of which they are to suffer further rigorous imprisonment for one year.
(2.) IT is the case of the prosecution that on 21st December, 1991 the goats of the accused appellants ate up the brinjal plants of the family of the deceased, which led to an altercation between the accused appellants and the deceased. The accused appellants assaulted the deceased with lathi, iron rod and they also assaulted his son Rasik Mondal. Both Rasik Mondal and the deceased were admitted in hospital, and on the following day the deceased succumbed to his injuries.
(3.) PURSUANT to a written complaint lodged by the Prosecution Witness No. 10 at the Saltora Police Station, the police initially started a case against the accused appellants under Sections 143 read with Section 324 of the Indian Penal Code and after the death of the deceased, Section 304 of the Indian Penal Code was added.;