Joymalya Bagchi, J. - (1.) Report is filed on behalf of the State where from it appears that the counter case registered at the behest of the appellants had ended in acquittal. Report is kept with the record.
(2.) The present appeal is directed against the judgement and order dated 23.6.1987 passed by the learned Additional Sessions Judge, Midnapore in Sessions Trial Case No. VII/October/1985 convicting the appellants for commission of offences punishable under Sections 304 Part II/148, 324/149, 379/149 and 149 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for two years for the offences punishable under Section 148, 324/149 and 379/149 of the Indian Penal Code respectively and to suffer rigorous imprisonment for four years for the commission of offence punishable under Section 304 Part II/149 of the Indian Penal Code. All the sentences to run concurrently.
(3.) Prosecution case, as alleged, against the appellants is to the effect that on 31.7.1983 at about 1.30 P.M. Prafulla Mahato received an information that fishes were being caught under the leadership of Manoranjan Mahato and others from his pond at Uttara Mouza. The miscreants were armed with bows, arrows, tangi, ballam etc. Prafulla along with his son Jogesh went and resisted the miscreants from catching fish. At that time, the appellants tried to dip Prafulla in the water. Jogesh managed to rescue Prafulla and as they were proceeding towards their house, the appellants chased them. Out of fear, they entered into the house of Kanai Hembram. The miscreants thereafter encircled the house of Kanai. Manoranjan dragged Prafulla from the house and at the time Joyram Mahato assaulted him with arrow on the left side of his chest. Thereafter Bijan and Manoranjan assaulted Prafulla with tangi on the legs. Bankim assaulted Prafulla on both of his legs when Jogesh tried to save his father. Manoranjan assaulted Jogesh on his head with tangi which was handed over by Bankim. Thereafter, Bijan assaulted Jogesh on the head and on different parts of the body with the help of tangi. Both the injured persons were taken towards the pond. Subsequently, Prafulla succumbed to his injuries and died. First Information Report was registered by Nirupama Mahata, P.W.1, the wife of the deceased and upon conclusion of the investigation, charge sheet was filed under Sections 148, 379/149, 302/149, 324/149, 307/149 of the Indian Penal Code against the appellants. The case being a sessions triable one was committed to the Court of Sessions and transferred to the Court of the learned Additional Sessions Judge, Midnapore for trial and disposal. Charges were framed under Sections 148, 379/149, 302/149, 324/149, 307/149 of the Indian Penal Code. The appellants pleaded not guilty and claimed to be tried.;