Joymalya Bagchi, J. - (1.) The appeal is directed against the judgment and order dated 30.4.2013 and 2.5.2013 passed by learned Additional Sessions Judge, 5th Court, Krishnanagar, Nadia, in Sessions Trial No.II(June)2011 arising out of Sessions Case No.95(3)2011 convicting the appellants, namely, Kalachand Biswas and Bhagabat Biswas alias Sarkar, for commission of offences punishable under sections 302/34 of the Indian Penal Code (for short 'I.P.C.') and sentencing them to suffer imprisonment for life each and to pay a fine of Rs.3000/- each, in default to suffer further rigorous imprisonment for one year each.
(2.) The prosecution case as alleged against the appellants is to the effect that Jitendra Nath Biswas (the victim) threw a stone at the house of Rajkumar Biswas and a quarrel ensued between the family of Jitendra and the appellants. Thereafter, the appellants assaulted Jitendra on the head and as a result he suffered bleeding injuries. He was shifted to Shantipur State General hospital, then to J.N.M. hospital, Kalyani and was finally transferred to N.R.S. Medical College and Hospital. Over the issue, Nandarani Biswas (P.W.1) lodged writted complaint at Shantipur police station resulting in registration of Shantipur P.S. Case No.584/10 dated 28.11.2010 under sections 326/307/34 of I.P.C. On 29.11.2010 the victim died and section 302 of I.P.C. was added to the array of offences. In conclusion of investigation, charge-sheet was filed against the appellants and the case was committed to the Court of Sessions and was transferred to the Court of learned Additional Sessions Judge, 5th Court, Krishnanagar, Nadia, for trial and disposal. Charge was framed under sections 302/34 of I.P.C. against the appellants. They pleaded not guilty and claimed to be tried. It was the specific defence of the appellants that Jitendra had assaulted Kalachand on the head and as a result he was hospitalized. The aforesaid assault on Kalachand was suppressed by the prosecution and a false case implicating the appellants for the murder of Jitendra has been set up. In support of such defence appellants examined four witnesses including Kalachand himself as D.W.3.
(3.) After analysis of evidence on record the trial Judge by judgment and order dated 30.4.2013 and 2.5.2013 convicted and sentenced the appellants, as aforesaid.;