MUMTAZ KHAN,J. - (1.) Appellants have preferred this appeal against the judgment and order of conviction and sentence dated January 31, 2005 passed by the learned Additional District and Sessions Judge, 3rd Court, Suri, Birbhum in Sessions Trial No. 1 of August 2002 arising out of Sessions Case No. 89/1994. By virtue of the impugned judgment appellants along with one Kebla Dalui @ Kebal Dalui were convicted for commissioning of the offence punishable under Section 148, 302/149, 307/149 and 324/149 of the Indian Penal Code (hereinafter referred to as I.P.C.) and were sentenced to suffer rigorous imprisonment (hereinafter referred to as R.I.) for 03 years each for the offence punishable under Section 148 I.P.C., R.I. for 03 years each for the offence punishable under Section 324/149 I.P.C., R.I. for 10 years each and to pay a fine of Rs. 2000/- each in default to suffer further R.I. for six months each for the offence punishable under Section 307/149 I.P.C. and R.I. for life and to pay fine of Rs. 8000/- each in default to suffer further R.I. for 2 years each for offence punishable under Section 302/149 I.P.C. with a direction that all the sentences shall run concurrently and the period of detention undergone be set off from the substantive punishment under section 428 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.) and if the fined amount is realized 50 % of the same be given to the legal heirs of the deceased as compensation.
(2.) The Case of the prosecution, in brief, is that on January 15, 1994 at about 17.00 hours an arrangement for the Puja Gosai Thakur was made by P.W.2 in the temple of Gosai Thakur adjacent to his house. While puja was going on, appellant Jiten Dalui entered there by pushing away the children who were seated there to which Kabul Baidyakar (P.W.5), nephew of P.W.2, protested and pushed Jiten Dalui in order to make place for other persons. Then pushing and dashing between P.W.5 and Jiten Dalui started. On hearing this other appellants including Kebla Dalui being armed with lathi, tangis etc. came there. Mohan Dolui who had two lathies in his hand then handed over one lathi to Jiten Dalui. Jiten Dalui then began to assault Nirmal Baidyakar, the victim. Manmatha then struck the victim on his head with a lathi as a result he fell down on the ground. When P.W.2, P.W.5 and father of P.W.2, Nani Gopal went to rescue the victim then Kebla struck Nani Gopal on his head with a tangi as a result he fell down on the ground. He then noticed Jiten to collect a big stone and threw the same on the chest of the victim. When the mother of P.W.2 went to rescue Nirmal then Manmatha struck her with a lathi on her back and when P.W.2 tried to save his mother then Bisu Dalui struck him with a tangi causing bleeding injury on his left thumb and Goni Dalui struck him with a lathi causing injury on his left knee and back as a result he fell down on the ground. When his sister Jasada Dalui came and tried to save them then Kebla Dalui assaulted her on her head causing bleeding injury as a result she also fell on the ground. Thereafter those accused persons left the place. Injured were taken to Md. Bazar P.S. where a complaint was lodged by P.W.2 (Ext.1) and injured were sent to Patel nagar PHC and therefrom to Suri Sadar Hospital for treatment.
(3.) On the basis of the above written complaint Md. Bazar P.S. Case No. 10 of 1994 dated January 15, 1994 was started against the appellants including Kebla Dalui @ Kebal Dalui and Godadhar Dalui under Section 147/148/149/324/326/307 I.P.C. by P.W.13 and he himself took up the investigation of the case. On January 16, 1994 Nirmal Badyakar, the victim, died and as such on the basis of the information given from the Suri Sadar Hospital to a Suri P.S. U.D. Case No. 5 of 1994 dated January 16, 1994 was started.;