Ram Prakash Gupta, J. - (1.)This appeal by three convicts has been directed against judgment dated 31st March, 1984 whereby, the learned Additional Sessions Judge, 3rd Court, Murshidabad convicted the appellants Dilip Ghosh, Mahadeb Ghosh and Jaydeb Ghosh and acquitted two other accused San at Kr. Ghosh and Shyamapada Ghosh. They were tried for an offence under Sections 148, 304 read with 149, 304 read with 34,323 read with 149,324 read with 149 I.P.C.
(2.)The incident which resulted in the death of Ratan Ghosh, a sixteen year old boy, due to head injury and in which two others, namely, Santosh and Gopal Ghosh suffered simple injuries, Santosh by sharp light weapon and Gopal by blunt weapon, took place at 7-30 p.m. on 30th day of December, 1992 at Village Baruipara, in the house of Santosh Ghosh.
(3.)The learned Additional Sessions Judge convicted the appellants as under: 1) Dilip Ghosh: under Section 304 para 2 IPC 2) Joydeb Ghosh: under Section 324 IPC 3) Mahadeb Ghosh: under Section 323 IPC Dilip was sentenced to Rigorous Imprisonment for seven years and Joydeb to Rigorous Imprisonment for two years while Mahadeb was given Rigorous Imprisonment for the year.
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