Joymalya Bagchi, J. - (1.) The appeal is directed against the judgment and order dated 30.05.2013 and 03.06.2013 passed by the learned Additional Sessions Judge, 2nd Court, Dakshin Dinajpur at Balurghat in Sessions Case no. 143 of 2014 (Sessions Trial No. 23 of 2011) convicting the appellants for commission of offence punishable under Section 302/149 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for life and shall pay a fine of Rs.50,000/- each, in default to suffer rigorous imprisonment for another five years more.
(2.) Prosecution case as alleged against the appellant is to the effect that appellant no.1 Jitu Roy was married to Sumita Roy, P.W.1, the defacto complainant in the instant case. From the marriage two children were born. Over marital discord, Sumit informally separated herself from Jitu six or seven months prior to the incident and started living with the victim Ranjit as husband and wife. It is alleged over such enmity on the fateful day accuseds Jitu, Bipul, Nirmal, Manju and Amullya assaulted Ranjit on the potato field at 6 A.M. with bamboo sticks. But he escaped from their clutches and started running towards the village path and thereupon the aforesaid accuseds along with others namely Ukil, Sushil, Nato, Anup, Prosenjit, Arun, Bapi, Dukhu and Subal again assaulted the victim. As a result he fell down on the ground. His brother, Charu Roy tried to resist and was assaulted. Akesh Roy, Mahadeb Roy, Srimanta Roy, Chandramohan Roy also tried to rescue the victim but failed. Victim Ranjit Roy was taken to Tapan Hospital and thereafter referred to Balurghat District Hospital. On the complaint of P.W.1 Sumita Roy, Tapan P.S. Case No.109 of 2010 dated 11.05.2010 under Sections 341/326/307/34 IPC was registered. Subsequently, victim Ranjit expired on 15th May, 2010 and Section 302 IPC was added to the FIR. In conclusion of investigation charge sheet under Sections 341/326/307/34/302 IPC was filed against thirteen accused persons.
(3.) Case of the accused persons (who were juveniles) were separated and the case of the appellants was committed to the court of sessions and transferred to the court of Additional Sessions Judge, 2nd Court, Dakshin Dinajpur, Balurghat for trial and disposal. Charges were framed under Sections 302/149 IPC against the appellants. The appellants pleaded not guilty and claimed to be tried.;