Joymalya Bagchi, J. - (1.) The appeals are directed against the judgment and order dated 15.03.2016 and 16.03.2016 passed by the learned Additional Sessions Judge, 5th Court, Barasat, North 24 Parganas in Sessions Trial No. 614/14 arising out of Sessions Case No. 2(7)01/ST No. 5(3)02 convicting the appellants for commission of offence punishable under Sections 304 Part-I read with Section 149 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for ten years each and to pay a fine of Rs.2,000/- each, in default, to suffer simple imprisonment for another three months more.
(2.) The prosecution case, as alleged, against the appellants is to the effect that on 29.03.1990 a dispute was going on between the members of the Sikari family on the one hand and that of Barun Halder, the victim, on the other hand over landed property for some time. On 29.03.1990 at about 04.30 p.m., Barun Halder, the deceased asked Madhusudhan (P.W. 1) to accompany him to the 'patal' (pointed gourd) field in their village. On their way they met Krittibas Halder (P.W. 2), the father-in-law of Barun who said that Sikari and his men have assembled with lathis. When they went to the field they found the appellants and others standing there. They suddenly attacked them with lathis. Madhusudhan asked Barun to flee away. The miscreants also threw bombs on them. Suddenly Sudhir Adhikari assaulted Barun on his head with lathi. Batul and others exploded bombs and one bomb hit the face of Barun and he sustained bleeding injuries and fell on the ground. Madhusudhan somehow managed to flee from the spot. Barun was taken to Bongaon hospital with the help of para people where he died.
(3.) On the complaint of Madhusudhan Halder, Bongaon P.S. Case No. 81/90 dated 29.03.1990 under Sections 147/148/304 of the Indian Penal Code read with Section 9(b)(ii) of the Explosive Substance Act was registered.;