- (1.) The present appeal is directed against the judgement and order of conviction dated 20th August, 2013 and 21st August, 2013 passed by the learned Additional Sessions Judge, Lalbagh, Murshidabad, in Sessions Trial No. 4(6) of 2009 arising out of the Sessions Case No. 86 of 2008. In the said judgement and order, the appellants have been found guilty of the charges under Sections 323/34 I.P.C. and under Section 304 (Part-II)/34 I.P.C. and sentenced to suffer Rigorous Imprisonment for seven years with fine of Rs. 10,000/- for the offence under Section 304 (Part-II) I.P.C. and also sentenced to suffer Simple Imprisonment for six months with fine of Rs. 500/- for the offence under Section 323 I.P.C.
(2.) The facts leading to the appeal, in short, are as follows:- One Khabirul Sk, Furkan Sk, Dalim Sk, Sukchand Sk and others of village Panchgram went to Mumbai for working as construction labourers. Furkan Sk became ill during such work at Mumbai due to which he returned to his village with Khabirul and Kobirul Sk. Before departure from Mumbai, Furkan entrusted the appellant, Madhu Sk, to collect Furkan's dues from the labour contractor. The said Furkan did not receive his dues from the appellant, Madhu Sk and sometimes thereafter, in the afternoon of 26-09-2006 the appellant, Madhu Sk, was found in the house of the other two appellants, namely, Hatem Sk and Sirajul Sk, who happened to be the brothers-in-law of the appellant, Madhu Sk. Seeing the appellant, Madhu Sk, in their village, Khabirul Sk. went to the appellant, Madhu Sk and demanded the money which Madhu Sk. was supposed to collect for them. A quarrel developed in connection with such demand by Khabirul Sk. and during such quarrel, the appellants abused Khabirul with filthy languages. When Khabirul's father, Erfan Sk, intervened and raised protest against such conduct of the appellants, the appellants assaulted Erfan Sk with a crowbar and bamboo stick. Watching such assaults on his father and brother, Moinul Haque rushed to the spot and tried to save his father and brother and he was also assaulted by the appellants. Both Erfan Sk and Moinul Haque sustained injuries on their heads due to such assaults and they were at first taken to Panchgram Hospital from where they were referred to Nabagram Hospital and ultimately, both of them were taken to Berhampore New General Hospital where the injured, Erfan Sk, died on 27-09-2006. On 27-09-2006, the said Moinul Haque submitted a written complaint at Nabagram P.S. on the basis of which Nabagram P.S. Case No. 154 of 2006 dated 27-09-2006 was started under Sections 325/308/34 I.P.C. against the appellants. After registration of the case, the victim, Erfan Sk, died and thereafter Section 304 I.P.C. was added and after completion of investigation, charge-sheet under Sections 325/308/304/34 I.P.C. was submitted against all the three appellants.
(3.) After submission of the charge sheet, the case was committed to the court of learned Sessions Judge, Murshidabad, in usual course and from there the case was transferred to the court of learned Additional Sessions Judge, 3rd Fast Track Court, Lalbagh, for trial. Considering the materials collected during investigation, a charge under Sections 304/34 I.P.C. was initially framed against all the three appellants and subsequently, a charge under Section 323 I.P.C. was added. The appellants denied the charges and pleaded their innocence all along.;