Joymalya Bagchi, J. - (1.) The appeal is directed against the judgement and order dated 22nd September, 2003 passed by the learned Additional Sessions Judge, Fast Track Court No.2, Barasat, North 24-Paraganas in Sessions Trial No.15(5) of 2003 convicting the appellants for commission of offence punishable under Sections 302/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for life and to pay fine of Rs.5000/- each in default to undergo simple imprisonment for six months more.
(2.) Prosecution case, as alleged, against the appellants is to the effect that there was a long stand land dispute between them and the victim viz., Monoj Mallick. Over such issue, on 4.11.2002 at around 7.30 P.M. when the victim along with his son (P.W.3) and his wife (P.W.2) was at Bandhu Mohal Kali Puja pandel, the appellant no.1, Dhiren Mridha held the victim and appellant no.2 Biren Mridha assaulted him repeatedly by a 'daa'. As a result, the victim fell down on the road side drain and the miscreants fled away. The victim was taken to Sagar Dutta Hospital where he was declared dead. Over the incident, written complaint was lodged by his son viz., Dipankar Mallick against the appellants resulting in registration of Nimta P. S. Case No.99 dated 4.11.2002 under Sections 302/34 of the Indian Penal Code.
(3.) In conclusion of investigation, charge sheet was filed and the case was committed to the Court of Sessions and transferred to the Court of the learned Additional Sessions Judge, Fast Track Court No.2, Barasat, North 24-Paraganas for trial and disposal. Charges were framed under Section 302/34 of the Indian Penal Code against the appellants. They pleaded not guilty and claimed to be tried.;