Arindam Sinha, J. - (1.) Three convicted persons are the appellants in these two appeals. They were the accused in Sessions Case no.70/2003/Sessions Trial no.38/2005 in which judgment dated 29th June, 2015 was passed by the Additional Sessions Judge, Katwa. The appellants in Criminal Appeal no.529/2015 had been found guilty of charges for offences punishable under sections 323/325 of the Indian Penal Code (IPC). The appellant in Criminal Appeal no.545/2015 was found, in addition to the above, guilty of the charge for offence punishable under section 302 of the IPC.
(2.) Katwa P.S case no.201/1999 dated 26th November, 1999 under sections 143/326/34 IPC was initiated on the basis of written complaint dated 26th November, 1999. Later, section 302 IPC was added on the death of one Anil Kumar Hazra. The police submitted charge-sheet dated 27th March, 2002 under sections 341/323/325/302/34 IPC on completion of investigation. Charges were framed accordingly and trial took place.
(3.) The written complaint dated 26th November, 1999 was that at about 3:00 in the afternoon trouble took place between the appellants and the said Anil Kumar Hazra, since deceased over the issue of drainage of water from the house. The appellants accompanied by 5/6 persons physically assaulted the deceased, his wife, also since subsequently deceased, his daughter Jayanti Hazra and son Sandip Hazra. All of them sustained serious bleeding injuries. Local people took them to Katwa hospital and admitted them there. The complaint stated the deceased was struggling for life and his wife also critical.;