- (1.) This appeal is preferred by the appellants assailing a judgment and order of conviction dated December 10, 2013 and sentence dated December 11, 2013 passed by the learned Additional District & Sessions Judge, Fast Track 2nd Court, Purulia in Sessions Trial No.46/13 arising out the Sessions Case No.254/11. By virtue of the impugned judgment and order of conviction dated December 10, 2013 the appellants were held guilty of the offence punishable under Sections 302/34 IPC and convicted thereunder and sentenced each of them to suffer rigorous imprisonment for life and to pay fine of Rs.10,000/- only to the de facto complainant, for each of the convict and in default of payment of such fine, to suffer a further period of rigorous imprisonment of one year, for each in connection with the offence under Section 302 IPC.
(2.) The prosecution case, in brief was as under:- A written complaint dated August 27, 2011 was lodged in Manbazar Police Station, District-Purulia at about 5/5.30 hours, by Bibhisan Sabar of village Jamda Bhasapara, stating therein that there was an altercation in between the deceased (who was the father of the complainant), and the appellants. During the altercation and quarrel, the appellant no.1 took a lathi and the appellant no.2 took a tamna. Both of them assaulted the deceased on his head. The deceased fell down on the courtyard sustaining bleeding injury. After returning home the complainant and PW 7 (the brother of the complainant) saw that their father was lying on the courtyard having bleeding injury. They removed the deceased to Manbazar Gramin Hospital by the car of one "Bharat". The doctor of the hospital declared the aforesaid father of the petitioner dead. Therefore, they went to Manbazar Police Station, Purulia. Since the complainant could not write Bengali, one Nepal Chowdhury son of Biswanath Chowdhury, the subscribe, wrote the complaint. The above letter of complaint was treated as First Information Report No.39/11 dated August 27, 2011 in connection with Manbazar Police Station U/D case No.33 dated August 27, 2011.
(3.) An investigation report dated August 27, 2011 was prepared in presence of witnesses. PW nos.1, 5 and Dhirendra Nath Murmu were the witnesses of the above investigation report. Thereafter the PW 11 made over the dead body to PW 6, a constable attached to Belarampur Police Station for sending the same to Purulia Sadar Hospital for post mortem examination on the above dead body.;