Shivakant Prasad, J. - (1.) Challenge in this appeal arises out of judgment and order dated December 18, 2004 passed by the Learned Sessions Judge, Purba Medinipur at Tamluk in Sessions Trial Case No. LXXII/April/2004 convicting the accused appellants and sentence of imprisonment for life and fine of Rs. 2,000/ - each in default to suffer rigorous imprisonment for one year each for the offence committed under Sec. 302 of the Indian Penal Code.
(2.) Brief facts leading to the instant appeal is that on 12.6.1986 Sk. Ataur Rahaman lodged a complaint before the Officer -in -charge, Mahishadal P.S. alleging that he along with his brother had been to Dhamait Nagar Mouza under C.S. Plot No. 109 and were engaged in repairing ail, at that time Sk. Arfan and his son and other family members threatened them with dire consequences. But, they continued their work peacefully. Thereafter, at 2 P.M. the de facto complainant Sk. Ataur Rahaman along with his brother Sk. Lutfar Rahaman and nephew Aref and brother -in -law Sk. Mohar Ali had been to Hirarampur Mouza and were clearing the pond in C.S. Dag No. 29. Thereafter, at about 3 P.M. when de facto complainant's brother -in -law Sk. Mohar Ali was returning from the pond and when he reached C.S. Plot No. 109 at Dhamait Nagar Mouza, the de facto complainant heard hue and cry and reached there and found that accused persons surrounding his brother -in -law and thereafter, he along with his brother, nephew and others rushed to the spot and noticed that Sk. Ansar Ali assaulting his brother -in -law Mohar Ali with a spear on his rib and accused Sk. Reayad Ali assaulted him on the back side of his brother -in -law and Sk. Riyajuddin caught hold his brother -in -law. The de facto complainant along with others tried to rescue him from the clutches of the accused persons, then Sk. Arfan and his son Sk. Ansar, Sk. Riaj and other accused persons named in the FIR assaulted de facto complainant, his nephew and his brother with deadly weapons and with brick bats. As a result, they sustained serious injuries. At that time Sk. Reyad and Sk. Ansar Ali tried to assault them with spear, but they saved themselves. Thereafter, they fled away. The brother -in -law of the de facto complainant died at the spot and other persons sustained severe injuries. Thereafter, de facto complainant Sk. Ataur Rahaman lodged a complaint before O.C., Mahishadal P.S. and on receipt of the complaint, O.C., Mahishadal P.S. started Mahishadal P.S. Case No. 5 dated 12.6.1986. The accused persons were arrested and released on bail. Thereafter, police investigated the case after completion of investigation I.O. submitted Charge -sheet against the accused persons under Ss. 147/148/149/341/323/326/302 IPC.
(3.) After hearing both sides and on consideration of the materials on record charges were framed against the accused persons under Ss. 147/149/323/302/324/307 IPC. The said charges were read over and explained to the accused persons to which they pleaded not guilty and claim to be tried.;