SHIVAKANT PRASAD, J. - (1.) This appeal is directed against the judgment and order dated 28th February, 2007 passed by the learned Additional District & Sessions Judge, Fast Track Court, Bishnupur, Bankura, in Sessions Case No. 13(10) 2005/Sessions Trial Case No. 3 (1) of 2006, arose out of Bishnupur P.S. Case No. 39/2005 convicting the appellant under Sections 324/326/307 and 302 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for two years for the offence punishable under Section 324 IPC, to suffer rigorous imprisonment for six years for the offence punishable under Section 326 IPC, to suffer rigorous imprisonment for ten years for the offence punishable under Section 307 IPC and to suffer rigorous imprisonment for life and to pay a fine of Rs. 5,000/ -(Five Thousand), in default to suffer further imprisonment for two years under Section 302 of the Indian Penal Code.
(2.) The brief fact is that one Ajit Roy Chowdhury of Gopinathpur, Bankura lodged a written complaint on 17.7.2005 to the effect that his son Monojit Roy Chowdhury along with his friends Partha Dutta, Surajit Loho, Prasanta Das, Sujoy Dutta, Bappa Dutta, Sadhan Dutta and Pintu Ghosh on 16.7.2005 at about 10 A.M. at night proceeded from Bankura to Bishnupur to visit Rath festival after that at Kalitala of Gopalganj at about 1:00 P.M. Sadhan, Sujoy, Partha, Surajit, Prasanta and his son told that they are coming and asked Pintu to stand there. After passing of 15/20 minutes suddenly in grievous bleeding condition Partha Dutta, Monojit, Surajit and Prasantarushed there and with the help of Pintu were admitted at Bishnupur Hospital and for better treatment referred to Bankura Medical College and Hospital. But on the way to Bankura Hospital, Partha died. In such condition Partha was taken to Bankura Hospital and doctor declared him brought dead.
(3.) On the basis of the written complaint Bishnupur Police P.S. Case No. 39/2005 dated 17.7.2005 under Sections 341/323/326/ 307/302/34 of the Indian Penal Code was started. S.I. Nityananda Chakraborty took investigation of the case and after completion of the investigation he submitted Charge -sheet against the accused person under Sections 341/326/307/302 of the Indian Penal Code on 18.10.2005. Accused person was arrested on 13.8.2005 and produced before the lower Court on 14.8.2005. Charges under Sections 341/326/307/302 of the IPC were framed against the accused person who pleaded not guilty and claimed for trial. To prove the charges, the prosecution examined as many as twenty -nine witnesses and the defence examined none.;