Joymalya Bagchi, J. - (1.) Nobody appears for the parties. I, however, note that the appellants have almost completed their substantive sentences of rigorous imprisonment for a term of 10 years each. In view of the aforesaid fact, I have taken up the hearing of the appeal today.
(2.) The appeal is directed against the judgement and order dated 25th/26th August, 2011 passed by the learned Additional Sessions Judge, 5th Court, Krishnagar, Nadia, in Sessions Trial No.III(November)2008 [Sessions Case No.5(7)2008] convicting the appellants for commission of offence punishable under Section 304 Part-II of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for ten years each and to pay fine of Rs.5,000/- each, in default, to suffer further rigorous imprisonment for one year each.
(3.) The prosecution case as alleged against the appellants is to the effect that in the night of 11.04.2008 at around 9/10 P.M. there was a heated altercation between the appellants on the one hand and the victim namely Baju Say, on the other hand in a brick field. In the course of quarrel, the appellants assaulted the victim with brick bats resulting in severe injuries. The victim was sought to be shifted to hospital but he succumbed to his injuries enroute. On the written complaint lodged by Sukdeb Halder (P.W. 1), Chapra Police Station Case No.106/2008 dated 12.04.2008 under Section 302/34 of the Indian Penal Code was registered against the appellants. In conclusion of investigation charge-sheet was filed against the appellants. The case being a sessions triable one was committed to the Court of Sessions and transferred to the court of the Additional Sessions Judge, 5th Court, Krishnagar, Nadia for trial and disposal. Charges were framed against the appellants under Section 304 Part I of the Indian Penal Code. The appellants pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined 12 witnesses and exhibited a number of documents. The defence of the appellants was one of innocence and false implication. It was also argued that the appellants being intoxicated were entitled to exemption from criminal liability under Section 85 of the Indian Penal Code. In conclusion of trial, the trial Judge by the impugned judgement and order dated 25th/26th August, 2011, convicted and sentenced the appellants, as aforesaid.;