DEBASISH KAR GUPTA , J. - (1.) This appeal is directed against conviction of the appellants for commission of offence punishable under Sections 302/448/34 of Indian Penal code (hereinafter referred to as the I.P.C.) and sentence to suffer imprisonment for life for commission of offence punishable under Section 302 0f the I.P.C. and to pay a fine of Rs.2000/ - each in default to suffer further simple imprisonment for six months and to pay 50% of the aforesaid fine, if realised, to the widow of the victim and sentence to suffer simple imprisonment for six months for commission of offence punishable under Section 448 of the I.P.C. as also further sentence of the appellant no.1 to suffer simple imprisonment for six months for commission of offence punishable under Section 323 of the I.P.C. with the direction of running the aforesaid sentences of the appellants concurrently, passed by the Additional Sessions Judge, Fast Track Court No.2, Purulia in Sessions Trial No.6 of 2004 arising out of the Sessions Case No.149 of 2001.
(2.) According to the prosecution case, on July 10, 2000 at about 00.30 hours one Chkradhar Mudi (deceased) of Village -Banbahal, Police Station - Purulia (Muffasil), District -Purulia, and his son (PW 1) were sleeping on separate cots under tiled shed beside "Khamar" in their dwelling house. Suddenly, the appellants as also Yudhisthir Mudi (since deceased), who were the residents of the adjacent house, came to the aforesaid dwelling house of the victim being armed with rod, spade and tangy. Appellant Srikanta Mudi @ Kanta Mudi assaulted PW 1 on his left cheek with the blunt side of a tangy. He fell down from the cot. The above appellant along with other appellants and Yudhisthir Mudi (since deceased) started assaulting Chkradhar Mudi (deceased). Lying on the ground the PW 1 observed that at one point of time the voice of his father (deceased) stopped. Then the appellants and Yudhisthir Mudi (since deceased) entered into the rooms of their dwelling house where the other family members i.e. PW 5, PW 6, PW 7 and PW 8 were sleeping. They also assaulted the daughter of the deceased (P.W. 5). Villagers came on the call of the PW 1. The appellants and aforesaid Yudhisthir Mudi fled away after ransacking the food grains, papers and documents of their house. The utensils and clothing were also stolen by them.
(3.) PW 1 went to the Purulia Police Station with PW 2 and lodged a written complaint there on the same day at about 03.45 hours. Formal FIR bearing Purulia Sadar P.S. Case No.85 of 2000 dated July 10, 2000 was drawn at 03.45 hours on the basis of the G.D. Entry No.353 dated July 10, 2000. Police came to the place of occurrence at about 04.00 hours on the above day. The PW 18 (1st I.O.) held inquest examination on the dead body of the aforesaid deceased person and prepared inquest report on July 10, 2000 at 10.30 hours. Post mortem examination on the dead body of the deceased was held on July 10, 2000 at 13.50 hours by the PW 13 at the Purulia Sadar Hospital. According to post mortem report prepared by the PW 13, the cause of death of the deceased was due to sustaining of head injury which was homicidal in nature.;