ASHIM KUMAR ROY, J. - (1.) All the 8 appellants, namely, Bharat Paramanick, Nemai Paramanick, Naren Paramanick, Ganesh Paramanick, Chaitanya Paramanick, Nilu Paramanick, Babu Paramanick and Khagen Paramanick were placed on trial before the learned Additional Sessions Judge, First Track, 1st Court, Krishnagar, Nadia to answer the charges under Section 302 read with Section 149 IPC and under Section 323 IPC simplicitor.
(2.) During the trial, the prosecution relied on total 16 witnesses. Its case essentially based on the evidence of eye - witnesses, who are Probodh Pramanick (P.W./4), Promila Pramanick (P.W./5), Subrata Pramanick (P.W./6), Krittibas Pramanick (P.W./7), Uttam Pramanick (P.W./8), Santibala Pramanick (P.W./9), Ganesh Biswas (P.W./10), Debabrata Pramanick (P.W./11) and Basudev Saha (P.W./13). Out of those eye -witnesses, PW/5 Promila Pramanick, PW/6 Subrata Pramanick and PW/9 Santibala Pramanick claimed to be injured in the same incident. Whereas, the PW/1 held post -mortem on the dead body and PW/2 is a doctor who examined the injured at Santipur State General Hospital as also the victim Subal Pramanick and declared him dead. The PW/12 is the scribe of the FIR and PW/16 is the Investigating Officer of the case. However, both the PW/14 and PW/15 were declared hostile. From the side of the defence Dr. Arunava Das was examined as their only witness.
(3.) At the conclusion of the trial, the trial Judge found all the appellants guilty for having committed offence punishable under section 302/149 IPC and sentenced them to suffer imprisonment for life and to pay fine of Rs. 2000/ - each with default clause. The appellants were also convicted under section 323 IPC and were sentenced to suffer R.I. for three months. All the sentences were directed to run concurrently. In this appeal, the aforesaid order of conviction and sentence is under challenge.;