Indrajit Chatterjee, J. - (1.) I am hearing this appeal as against the judgement and order of conviction dated 29 -11 -2013 passed by the learned Additional Sessions Judge, Lalbagh within the District of Murshidabad in Sessions Trial No. 10 of January, 2008 arising out of Sessions Case No. 47 of 2007 wherein the learned Trial Court was pleased to convict these appellants before this Court in respect of the charge punishable under Section 307 read with Section 34 of I.P.C. (hereinafter called as the Code) and both were sentenced to suffer rigorous imprisonment for six years and to pay fine of Rs. 5000/ - each and in default of payment of fine, they were further sentenced to suffer rigorous imprisonment for six months more subject to the provision as contemplated under Section 428 of the Cr.P.C.
(2.) THE case of the prosecution, as unfold before the Trial Court, can be stated in brief thus: that one F.I.R. was filed by the de facto complainant, P.W.1 before the Trial Court on 13 -04 -2004 at about 12:35 hours giving rise to Ranitala P.S. Case No. 26 of 2004 dated 13 -04 -2004 within the District of Murshidabad and the said case was registered under Sections 448/325/326/34 of I.P.C. The case was investigated by the I.O. of this case. F.I.R. was scribed by one Golam Mustafa. As per the F.I.R. the incident took place at about 8 a.m. on that date. It was the day of Shiv Puja and the disciples were playing Holy on that occasion for which there was some quarrel in between. Thereafter the appellant No. 1, Krishna Mondal, appellant No. 2, Bhabesh Mondal and another accused Hemai Mondal since deceased attacked the victim P.W.2, by lathi, pasli and the later received three injuries. 1. Cresentric incised injury over occipital region measuring 5 cm x 1/4 cm. 2. Lacerated injury over port aspect of neck measuring 1 cm x 1/4 cm. 3. Incised injury over left forearm measuring 1 cm x 1/4 cm.
(3.) DURING the course of investigation, the wearing apparels of the victim were seized and the I.O. of the case also seized two 'Hasuas' as per seizure list dated 13 -04 -2004 at 16.45 hours. The victim was medically examined by P.W.9 and his report was marked as Ext.4. The I.O. of the case, after investigation, submitted charge sheet against the three accused persons. I have already told that accused, Hemai Mondal died and as such, the case was filed as against him. The case was triable as sessions triable case and as such, the case was committed to the Court of Sessions. Ultimately, the case was transferred to the Trial Court and I have already said what was the result of the legal battle before the trial court.;