Indrajit Chatterjee, J. - (1.) THIS court is hearing this appeal arising out of a judgment and order of conviction as passed by the learned Additional Sessions Judge, 4th Court, Krishnagar, Nadia in Sessions Trial No. 11 (5) 11 in Sessions Case No. 51 (6) 10 wherein these three appellants along with their father, Ramfal Ghosh (since deceased) were convicted in respect of the charge punishable under Sections 308/34 of the Indian Penal code and all of them were sentenced to suffer rigorous imprisonment for three years each and also to pay fine of Rs. 5,000/ - each, in default to suffer further rigorous imprisonment for six months each.
(2.) ALL the four persons who faced the trial including that Ramfal were also found guilty in respect of the charge under 326/34 of the Indian Penal Code and they were further sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs. 5,000/ - each, i.d. to suffer rigorous imprisonment for further six months each. The substantive sentences were ordered to run concurrently. The accused persons were allowed set off under Section 428 of the Code of Criminal Procedure. The prosecution case as unfold at the time of trial can be stated in brief thus: - - "That one written compliant was filed by one Asish Das, son of the victim with Kaliaganj P.S. dated 13.9.2007 at 17.05 hours giving rise to Kaliaganj P.S. case No. 200 of 2007 (G.R. Case No. 1251 of 2007) of the Chief Judicial Magistrate, Nadia at Krishnagar. It was alleged in the FIR that before one week the deceased Ramfal Ghosh was found to graze his cattle in the land of the victim and he protested the act of that accused. There was quarrel and scuffle but the matter ended then. This incident took place on 10/9/2007 at about 1 -30 p.m. when the victim of this case Sufal Das was returning home and reached near the embankment of the river Ganges, then all the four accused persons intercepted him on the way and they assaulted the victim with lathi and sharp -cutting weapons. As a result of this, the victim received in all three cut injuries and also received one blunt injury on the left shoulder and doctor also found the lathi marks on the back of the victim. The victim was treated at Kaliganj PHC on 10.9.2007 at about 4 -30 p.m. I have already told that Kaliganj P.S. case was registered on 13 -9 -2007 at about 17 -05 hours."
(3.) AFTER the registration of the case, the investigation was taken up by S.I. Uday Chandra De (P.W. 7) and during the course of investigation, he collected the report of the doctor, prepared the sketch map, examined some witnesses and after the completion of investigation submitted charge sheet against all the four accused persons for the offences punishable under Sections 308/34 and 326/34 of the Indian Penal Code.;