- (1.) The instant appeal is directed against the Judgment and Order of conviction passed in Sessions Trial being No.8.8.2007 arising out of Sessions Case No.146 of 2007 passed by the Learned Additional Sessions Judge, Fast Track Court, Bolpur, Birbhum convicting the appellants under Sections 302/448/342/323 read with Section 34 of the Indian Penal Code sentenced to suffer : A. Imprisonment for Life and to pay fine of Rs. 1000/- in default of payment of which to undergo Rigorous Imprisonment for one year for the offence punishable under 302 read with Section 34 of the Indian Penal Code B. Rigorous Imprisonment for six months and to pay fine of Rs. 500/- in default of payment of which to undergo further Rigorous Imprisonment for one month for the offence punishable under Section 448 read with Section 34 of the Indian Penal Code. C. Rigorous Imprisonment for six months and to pay fine of Rs. 500/- in default of payment of which to undergo further Rigorous Imprisonment for one months for the offence punishable under Section 342 read with Section 34 of the Indian Penal Code and D. Rigorous Imprisonment for six months and to pay fine of Rs. 500/- in default of payment of which to undergo further Rigorous Imprisonment for one months for the offence punishable under Section 323 read with Section 34 of the Indian Penal Code.
(2.) Put in a short frame, the prosecution case runs thus:- On 14.01.2007 at about 10.05 p.m. one Sukol Soren lodged a written complaint to the Officer-in-charge, Bolpur Police Station stating that on that fateful day at about 8.30 p.m. accused Raghunath Soren along with other accused persons being armed with lathi, cycle chain and sharp cutting weapons entered the house of Baburam Soren and they desperately attacked and assaulted Baburam Soren, his son Sanatan Soren and his wife Hiramoni Soren. The accused persons dragged Sanatan Soren, Baburam Soren and Hiramoni Soren by assaulting them at a vacant land in front of the house of Paresh Soren. The accused persons in furtherance of their common intention to commit murder of Sanatan Soren, Baburam Soren and Hiramoni Soren tied and left them causing grievous injury on their bodies. On the basis of the aforesaid informations the Inspector-in-charge, Bolpur Police Station registered it as Bolpur PS Case No.11/2007 dated 14.01.2007 and he endorsed the case to SI of Police for taking up investigation of the case. Police started investigation and submitted chargesheet on 04.04.2007 against the accused persons. Accordingly, trial started and after completion of trial, learned Trial Judge convicted the said appellants as aforesaid.
(3.) In order to prove its case prosecution has examined as many as 18 witnesses.;