Shivakant Prasad, J. - (1.) This appeal is directed against the judgment and order dated July 31, 2008 & August 2, 2008 passed by the learned Additional Sessions Judge, 3rd Fast Track Court, Malda, in Sessions Trial Case No. 11(12)/2007 corresponding to Sessions Case No. 335/2007 convicting the Appellant No. 1 under Sec. 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs. 1,000/ - (Rupees one thousand), in default to suffer rigorous imprisonment for one year and further convicting the Appellant No. 2 of the charge under Sec. 307 of Indian Penal Code and sentencing him to suffer rigorous imprisonment for ten years and to pay a fine of rupees one thousand in default to suffer rigorous imprisonment for six months for the offence punishable under Sec. 307 of Indian Penal Code.
(2.) Brief facts of prosecution case leading to the instant appeal is that there was a dispute over the pathway with the accused persons and the prosecution parties over which a Civil case was pending in Malda Court. There was inconvenience in egress and ingress to and from the house of the prosecution party due to stagnation of rain water in the ditches on the pathway. On 20.3.2005 at about 7:15 a.m father of defacto complainant filled up the ditches with earth over the pathway. At that time the de facto complainant, the son of the victim was not in the house. His father was sitting in the verandah of the house when the accused persons entered into his house and resisted in the work of his father who had asked the accused persons to wait for a while as he would call his son. Thereafter, accused Dipak Mondal, son of Suren Mondal asked other accused persons to behead Muliram Mondal, the father of the defacto complainant. On hearing, the accused persons attacked Muliram with hansua, lathi, spade and arrows and they also assaulted Muliram. When Gunadhar Mondal tried to rescue Muliram, he was also assaulted by the accused persons. The victim received serious injury who was taken to hospital but he was declared brought dead. Gunadhar was also removed to Bedrabad PHC for treatment.
(3.) The case was committed to the court of sessions and transferred to the Court of learned Additional Sessions Judge, Fast Track Court -III, Malda. Charge was framed against all the accused persons under Ss. 447/302/307/34 of Indian Penal Code and the accused persons abjured the guilty and claimed to be tried.;