- (1.) This Court is hearing this appeal as against the judgement and order of conviction dated 09-02-2009 and 10-02-2009 respectively passed by the then Additional Sessions Judge, First Fast Track Court, Sadar, Cooch Behar, in Sessions Trial No. 02(04) of 2004 arising out of Sessions Case No. 181 of 2003 wherein the learned Trial Court was pleased to convict the present appellant in respect of the charge punishable under Sections 325 and 304-II of the I.P.C. but the accused-appellant was, however, acquitted in respect of the charge punishable under Sections 148 and 447 of the I.P.C.
(2.) The prosecution case can be stated in brief thus : That on the basis of a written complaint made by one Abdul Rahaman on 01-04-1999, Tufanganj Police Station Case No. 45 of 1999 dated 01-04-1999 under Section 304 of the I.P.C was started. The case, as unfold before the Trial Court, was that the de facto complainant accompanied with others were engaged in cultivation of their land and then the present accused-appellant along with others entered into that land by raising one unlawful assembly and the members of such assembly were armed with Daa, Kachi, Lathi etc. and they started cultivating the land of the de facto complainant forcibly.
(3.) Then the de facto complainant and his brother raised protest of such activity, thereafter the accused persons mercilessly assaulted the de facto complaint and his two brothers, namely, Sikander and Saidul. Due to such assault, the de facto complainant received injuries on his left eye and his two other brothers also received bloodstained injuries. Hearing the alarm, the villagers rushed to the spot and thereafter, the accused persons fled away. The victims, namely the two brothers, Sikandar and Saidul, were taken to hospital. Sekender ultimately died and the other victim was also treated in the hospital at Siliguri and he was thereafter released.;