Joymalya Bagchi, J. - (1.) At the outset, it is informed that the appellant nos. 2 & 4 have expired. Death certificates of the appellants had placed on record. Appeal stands abated so far as the appellant nos. 2 & 4 are concerned.
(2.) The appeal is directed against the judgment and order dated 24.04.2012 passed by the learned Additional Sessions Judge, 1st Fast Track Court, Rampurhat Birbhum, in Sessions Case No.86 of 2002(Sessions Trial No.II of August, 2003) convicting the appellants for commission of offence punishable under Sections 148 /448 /302 /323/149 of the Indian Penal Code and sentencing them to suffer R.I. for life and to pay a fine of Rs.10,000/- each in default to suffer further R.I. for two and half years more for the commission of offence punishable under Section 302/149 of the Indian Penal Code, sentencing them to suffer R.I. for three years and to pay a fine of Rs.500/- each in default to suffer R.I. for fifty days more for the commission of the offence punishable under Section 148 of the Indian Penal Code, sentencing them to suffer R.I. for one year for the commission of offence punishable under Section 448 of the Indian Penal Code and sentencing them to suffer R.I. for one year for the commission of offence punishable under Section 323/149 of the Indian Penal Code, all the sentences to run concurrently. 50% of the fine amount, if realised, shall be paid to Tapasi Mal (P.W. 1), the wife of the victim.
(3.) Prosecution case as alleged against the appellants is to the effect that on 12.05.1998 at around 5 P.M. the appellants entered the house of the defacto complainant Tapasi Mal and caught hold the collar of her father-in-law and started assaulting him. At that time her husband came to the spot and resisted the appellants. Tapasi also tried to restrain the appellants. They assaulted her with fists, blows and lathis and thereafter they pulled her husband outside the house and appellant no.3 assaulted him on the head with a farsa. Her husband was taken to Chatra Primary Health Centre and thereafter he was removed to Rampurhat S.D. Hospital. Tapasi lodged written compliant at the police station resulting in registration of Murarai P.S. Case No.38/98 dated 15.05.1998 under Sections 147/148/324/326/506 of the Indian Penal Code against the appellant. In the meantime the victim expired and Section 302 of the IPC was also added to the array of offence. In conclusion of investigation, charge sheet was filed under Sections 147/148/149/324/326/506/304 of the IPC. The case being a sessions trial one was committed to the Court of Sessions and transferred to the Court of Additional Sessions Judge for trial and disposal. Charges were framed under Sections 148/448/149/302/323 of the Indian Penal Code against the appellants and the same were read over and explained to them. The appellants pleaded not guilty and claimed to be tried.;