Joymalya Bagchi, J. - (1.) At the outset Mr. Khan, learned counsel for the appellants submits death certificate of appellant no. 1 Saiyed Matlub Ali. The death certificate is placed on record. In view of the aforesaid fact, appeal against appellant no. 1 stands abated.
(2.) The appeal is directed against the judgement and order of conviction and sentence dated 27.02.1997 passed by the learned Assistant Sessions Judge, 2nd Court, Contain in Sessions Trial Case No.IX/July/96 convicted the appellant No. 1, Sayed Matlub and appellant no. 2 for commission of offence punishable under Section 436 of the Indian Penal Code and sentencing each of them to rigorous imprisonment for eight years with fine of Rs.2,000/- each in default to further rigorous imprisonment for one year each and also convicting the appellant no. 3 and appellant no. 4 for the offence punishable under Section 323 of the Indian Penal Code and sentencing each of them to simple imprisonment for one year and fine of Rs.1,000/- each in default to further simple imprisonment for six months each.
(3.) The prosecution case, as alleged against the appellants is to the effect that on 09.02.1995 at around 6.30 a.m. appellants along with other accused persons entered the house of Islam Khan (P.W. 2). They assaulted Islam and his mother Fuljan Bibi. Kalu (P.W. 8) assaulted Khairunnesa Bibi (P.W. 7) was assaulted and the miscreants outraged the modesty of his wife Saleha Bibi (P.W. 3). It was also alleged that appellant nos. 1 and 2 sprayed water mixed with chili power on the eyes of the de facto complainant and they looted away the articles from his house. Thereafter the accused persons set the house on fire. On the complainant of the de facto complainant, Pataspur P.S. Case No. 10/95 09.02.1995 under Sections 147/149/379/354/325/323/342/436/506 of the Indian Penal Code was registered. 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 Assistant Sessions Judge, 2nd Court, Contai for trial and disposal.;