JOYMALYA BAGCHI,J. - (1.) I am informed by the learned Senior Counsel appearing for the appellants that appellant no. 1, Kasem Molla has expired in the meantime. Hence, the appeal has abated so far as he is concerned.
(2.) The appeal is directed against the order dated 30.09.2013/06.11.2013 passed by the learned Additional Sessions Judge, 6th Court, Barasat, North 24- Parganas in Sessions Trial No. 01(12) of 2000 corresponding to Sessions Case No. 2(03) of 2000 convicting the appellants for commission of offence punishable under Sections 302/149/325/323 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for life and to pay a fine of Rs. 10,000/, in default to suffer further rigorous imprisonment for one year more for the offence punishable under Section 302/149 of the Indian Penal Code, to suffer rigorous imprisonment for five years and to pay a fine of Rs. 5,000/-; in default to suffer further rigorous imprisonment for six months more for commission of offence punishable under Section 325 of the Indian Penal Code and to suffer rigorous imprisonment for one year more and to pay Rs. 1,000/-; in default to suffer further rigorous imprisonment for six months more for the offence punishable under Section 323 of the Indian Penal Code. All the sentences to run concurrently.
(3.) The prosecution case, as alleged, against the appellants is to the effect that on 30.11.1997 at about 8 hours, Kasem, since deceased, and others were carrying paddy on bullock cart over the paddy of Rahamat Molla (one of the victims). Over such issue an altercation ensued. Rahamat opposed Kasem and others from taking their bullock cart over his paddy and all the appellants assaulted him with lathi and he fell down on the ground. The appellants danced over his body. Seeing this, Sarifan Bibi (P.W. 2), Mujibar Molla (P.W. 3) and the sons of Rahamatulla viz. Nur Nabi Molla (P.W. 4) and Noor Jaman Molla came to his assistance. Thereupon they were also assaulted mercilessly. As a result, Noor Jaman Molla suffered serious injuries. Rahamat Ali Molla and Nurjaman Molla were shifted to NRS hospital for treatment and Mujibar was admitted to Kachua hospital. Sarifan Bibi and Nur Nabi Mollah were given first aid. One Azijar Rahamat Molla, (P.W 1) (son of Mujibar) lodged FIR against the appellants resulting in registration of Habra P.S. Case No. 356 of 1997 dated 30.11.1997 under Sections 147/148/149/325 of the Indian Penal Code. Subsequently Rahamat Ali Molla died at about 16.50 hours on that day and Noorjaman Molla died on 01.12.1997 at about 6.30 a.m. and accordingly Sections 302 and 307 of the Indian Penal Code were added to the FIR. In conclusion of investigation charge-sheet was filed and the case was committed to the Court of Sessions and transferred to the Court of Additional Sessions Judge, 6th Court, Barasat, North 24-Parganas for trial and disposal.;