Joymalya Bagchi, J. - (1.) The appeal is directed against the judgement and order dated 21st April, 1998 passed by the learned Assistant Sessions Judge, Diamond Harbour, 24-Parganas (South) in Sessions Trial No. 2(9)96, convicting the appellants for commission of offence punishable under Sections 147/149/304 Part-II of the Indian Penal Code and sentencing appellant no. 1 to suffer rigorous imprisonment for two years and to pay fine of Rs.2,000/-, in default, to suffer simple imprisonment for six months for his conviction under Section 147 of the Indian Penal Code and to suffer rigorous imprisonment for ten year and to pay a fine of Rs.5000/-, in default, to suffer simple imprisonment for two years for his conviction under Section 304 Part-II/149 of the Indian Penal Code; sentencing the appellant nos. 2 and 3 to suffer rigorous imprisonment for two years and to pay a fine of Rs.2,000/- each for commission of offence punishable under Section 147 of the Indian Penal Code and, in default, to suffer simple imprisonment for five months each and to suffer rigorous imprisonment for five years and to pay a fine of Rs.3,000/- each for the offence punishable under Section 304 Part-II/149 of the Indian Penal Code and, in default, to suffer simple imprisonment for one year each; sentencing the appellant nos. 5 to 6 to pay a fine of Rs.2,000/- each for commission of offence punishable under Section 147 of the Indian Penal Code, in default, to suffer simple imprisonment for six months each and to pay a fine of Rs.5,000/- each for commission of offence punishable under Section 304 Part-II/149 of the Indian Penal Code, in default, to suffer simple imprisonment for one year. The fine, if realized, 75% of the same to be paid to the wife of the deceased Mokaram Ali Gazi, and all the sentences to run concurrently.
(2.) The prosecution case as alleged against the appellants is to the effect that on 16.06.1991 at around 1.30p.m. P.W. 1, Laily Bibi, de facto complainant herein, was washing garments in the bank of the tank. At that time, Firoza, Rafiza, Salima came to the spot and abused her.
(3.) Hearing the hue and cry, her husband Karam Ali Gazi and son Yusuf Ali Gazi came to the place of occurrence and objected to the misbehaviour of the said appellants. In the course of quarrel appellants Tajrul Gazi, Amirul Gazi and Mozammel Gazi came to the place of occurrence and started assaulting to the husband and son of P.W. 1 with fists, blows and kicks. De facto complainant tried to rescue them. The female accused persons dragged her away and assaulted her. Hearing her cries her brother-in-law, Mokaram Gazi, came to the spot whereupon the appellant no. 1, Tajrul Gazi threw a brick bat at Mokaram Gazi and the latter fell down. All the appellants ran away. The victim, Mokaram Gazi was taken to Magrahat Public Health Center and thereafter to Diamond Harbour S.D. hospital but on the way he expired. Over such incident, F.I.R. was registered against the appellants under Sections 147/149/325/338/304 of the Indian Penal Code. In conclusion of investigation, charge sheet was filed and the case being a sessions triable one, was committed to the Court of Sessions and transferred to the Court of Assistant Sessions Judge, Diamond Harbour, 24-Parganas (South) for trial and disposal.;