Md. Mumtaz Khan, J. - (1.) This appeal is preferred by the appellants assailing the judgement, order of conviction and sentence dated September 20, 2008 and September 22, 2008 respectively passed by the learned Additional Sessions Judge, 3rd Fast Track Court, Lalbagh, Murshidabad in Sessions Trial No. 5 of December, 2007 arising out of Sessions Case No. 29 of 2007. By virtue of the impugned judgement and order appellants were found guilty of the offence punishable under section 304/34 of Indian Penal Code (hereinafter referred to as IPC) and were convicted and sentenced to suffer rigorous imprisonment for ten years each and also to pay fine of Rs. 5000/- each in default to suffer rigorous imprisonment for another two years each and the period of detention undergone was directed to be set off as per provisions of law.
(2.) The prosecution case, in brief, is as follows:
(3.) On February 20, 2004 at 22.05 hrs. one Sunil Murmu, since deceased s/o Late Bhim of village Susunidanga lodged a written complaint at the Nabagram P.S. to the effect that on that date at about 2/2.30 P.M. while he was thrashing mustard seeds sitting in front of his house then at that time there was scuffling in front of his house in the courtyard of appellant no.1 in between appellants and the brother of appellant no.1 namely the victim over cutting of bamboo. Suddenly appellant no.1 started striking the victim on his head by a spade lying in the courtyard as a result victim sustained bleeding injuries and fell down on the courtyard. When he rushed there to separate them he was pushed down by the appellant no.1 and as such due to fear he fled away. Victim expired immediate thereafter.;