Joymalya Bagchi, J. - (1.) Report of the Officer -in -charge, Hariharpara P.S. wherefrom it appears that the Prodhan of Dharampur Gram Panchayat has certified that appellant No. 12 and 16, namely, Jele Rahaman and Chand Mohammad have expired in the meantime. The appeal accordingly abates so far the said appellants are concerned. Their bail bonds stand discharged.
(2.) The prosecution case is to the effect on 15.10.1983 at 09.00 hours in village Jamanabad Kahamarmati in Hariharpara police station while Moula Bakash SK (P.W.4) and his brother Noor Islam (P.W.5) were returning on buffalo carts loaded with raw jutes, the appellants along with others being armed with lathi, sword and other deadly weapons attacked and assaulted Moula Baksh Sk and Noor Islam. Moula suffered grievous injuries. The assailants also attacked other persons including Kahabati Sheikh who was also severely injured. Moula and Khabati were taken to Hariharpara Primary Health Centre and then to Berhampore General Hospital. The incident was reported by Jayeda Bibi (P.W.2) and Hariharpara P.S. Case No. 7 dated 18.10.1983 was started and upon investigation charge sheet was filed. The case being a sessions triable one was committed to the Court of Sessions and charges were framed in the instant case against appellants for commission of offence under Ss. 148/307/149/307/34, 326/34, & 323/34 of the Indian Penal Code.
(3.) The appellants pleaded not guilty and claimed to be tried. The prosecution examined as many as 8 witnesses. P.W.2 Jayeda Bibi is the first informant and she proved her written complaint, which was treated as F.I.R, (Exhibit -1). She stated that the appellants had assaulted Moula Bakash SK and Kahabati SK in her presence and they were medically treated. She attributed the delay in lodging F.I.R. to the condition of health of Moula Bakash SK who was hospitalised.;