Joymalya Bagchi, J. - (1.) The appeal is directed against the judgment and order dated 29.6.2015 and 30.6.2015 passed by the learned Additional Sessions Judge, 2nd Court, Nadia at Krishnagar in Sessions Trial no. II of June, 2014 (Sessions Case No. 3(6)/14) convicting the appellants for commission of offence punishable under Sections 307/120B/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.5,000/- each. Prosecution case, as alleged, against the appellants is to the effect that on 26.10.2013 around 4.30 P.M. while the victim Samrat Biswas, P.W.3 was returning home along with his sister from the ration shop, the appellants assaulted him. Appellant no.1 Jiban Mondal assaulted him with an iron rod on the left side of his head. Appellant no.2 Tusar Kanti Mondal and appellant no.3 Rabindra Nath Mondal assaulted him with fists and blows. He fell down from his bicycle and lost his senses. Hearing the news his father Basudev Biswas, P.W.1 came to the spot. He took the victim to Madhabpur Rural Outpost and then to Chapra BPHC. The victim was referred to Shaktinagar District Hospital and thereafter shifted to Nil Ratan Sarkar Medical College for better treatment. Over the incident P.W.1 Basudev Biswas lodged F.I.R. being Chapra P.S. Case no.738/13 dated 28.10.2013 under Section 341/325/307/34 of IPC against the appellants.
(2.) In conclusion of investigation charge sheet was filed against the appellants. The case was committed to the court of sessions and transferred to the court of Additional Sessions Judge, 2nd Court, Nadia at Krishnagar, for trial and disposal. Charges were framed under sections 341/34, 120B and 307 of IPC. The accused persons pleaded not guilty and claimed to be tried.
(3.) In the course of trial, prosecution examined 16 witnesses and exhibited a number of documents. The defence of the appellants was one of innocence and false implication.;