Joymalya Bagchi, J. - (1.) The appeal is directed against the judgment and order dated 17.07.2014 passed by the learned Sessions Judge, Cooch Behar, in Sessions Trial No.11(1)/ 2008 arising out of Sessions Case No.376 of 2007 convicting the appellants for commission of offences punishable under Sections 304(Part II), 149, 436/149 and 323/149 IPC and sentencing the appellants to suffer rigorous imprisonment for 10 years each and to pay a fine of Rs.5000/- each, in default to suffer further rigorous imprisonment for 6 months for commission of offence punishable under Section 304 (Part-II)/149 IPC and to suffer rigorous imprisonment for 10 years each and pay a fine of Rs.5000/- each, in default to suffer further rigorous imprisonment of 6 months for commission of offence under Section 436/149 IPC and to suffer rigorous imprisonment for 1 year each for commission of offence under Section 323/149 of the Indian Penal Code. All the sentences to run concurrently.
(2.) Prosecution case as alleged against the appellants is to the effect that on 07.05.2001 there was an altercation between Kamal Ghosh, the victim and one Ranjit Karmakar (juvenile in conflict of law), son of Makhan Karmakar (since deceased) over the issue of playing cards. On the next date i.e. 08.05.2001 at 7.00 AM in the morning the appellants along with Makhar Karmakar (since deceased) came armed with weapons to the house of Kamal Ghosh being and assaulted the victim on various parts of his body. As a result he suffered bleeding injuries. Hearing his shout, P.W. 1 Smt. Usha Ghosh, mother of the victim, came out and found the victim being assaulted by the appellants resulting in grievous injuries on his body. The appellants also smeared the eyes and mouth of the victim with lime. She was also assaulted. Thereafter, the appellants set the house on fire by pouring kerosene oil. She informed the matter to Kotwali Police Station. Soon thereafter police and fire brigade came to the place of occurrence and extinguished the fire. The victim was taken to Cooch Behar Sadar M.J.N. Hospital where he was declared dead. On the written complaint of Usha Ghosh (P.W. 1), Kotwali PS Case No.151/2001 dated 09.05.2001 under Section 448/324/326/436/304 IPC was registered for investigation against the appellants. In conclusion of investigation charge sheet was filed. It appears that Makhan Karmakar had been hospitalized on the selfsame date and had subsequently died. Charge sheet was filed against the appellants and Ranjit Karmakar in the instant case. The case of Ranjit, who was juvenile at the time of occurrence, was separated and tried before the Juvenile Justice Board. Charges were framed under Sections 149/323/302/436 IPC against the appellants. They appellants pleaded not guilty and claimed to be tried.
(3.) In conclusion of trial, the trial judge by judgment and order dated 17.07.2014 convicted and sentenced the appellants, as aforesaid.;