Shivakant Prasad, J. - (1.) The instant Appeal is directed against the judgment and order dated 4th July 2006 and 5th July 2006, passed by the learned Additional District and Sessions Judge, Rampurhat, Birbhum in Sessions Case No. 9/95 arising out of G.R. No. 537/92, convicting the appellants under Sec. 148, 149, 302 read with Sec. 149 and 323 of the Indian Penal Code.
(2.) Prosecution case, in brief, leading to filing of this Appeal is as follows: "At about 7.30 a.m. in the morning of 09.08.1992 Amin Sk. S/o. Late Sekendar Sk. was moving towards his house from East Para when accused persons Milan Sk. Apel Sk., Kefatullah, Habibullah, Bakkar Ali, Ismail and some other persons being armed with lathi, spears, tangis, draggers etc. attacked him with intent to commit murder. Amin ran away out of fear of life and took shelter in the House of Muktar Hossain and the accused persons chased him and entered into the house of Muktar Hossain and inflicted injuries by means of sharp cutting weapons, causing serious injuries on his person as a result he succumbed to injuries in the house of Muktar Hossain. Following the above incident Md. Muluk Chand Sk. lodged the written complaint at about 11.45 a.m. on the same day i.e. 09.08.1992 at Nalhati Police Station, on the basis of which Nalhati P.S. Case No. 110/92 dt. 09.08.92 under Ss. 147, 148, 149, 448, 302, 34 IPC was started and on usual investigation the Investigating Officer submitted charge sheet."
(3.) In the course of investigation, inquest was held on the dead body of Amin Sk. which was sent to Autopsy Surgeon for post mortem to ascertain the cause of death. Muluk Chand Sk. and Mumtaj Begam were sent to Judicial Magistrate for recording their statements under Sec. 164 Cr. P.C. Since the offence was in the nature of sessions triable offence the case was committed to the Court of Sessions under the provision of Sec. 209(a) Cr.P.C and on receipt of the same the learned Sessions Judge, having taken cognizance over the matter was pleased to transfer the same to the court of Additional District and Sessions Judge, Rampurhat for trial and disposal. The trial started against 8 accused persons after framing of charges under Ss. 147, 148, 149, 448, 302, 34 IPC to which they abjured the guilt. On closure of the prosecution evidence the accused persons were examined under Sec. 313 Cr.P.C. to which all of them declined to adduce any defence witness.;