Joymalya Bagchi, J. - (1.) Both the appeals are directed against the judgment and order dated 19th January/20th January, 2016 passed by the learned Additional Sessions Judge, Nabadwip, Nadia in Sessions Case No. 12 (11) 2011 [Sessions Trial No. IV (March) 2014] convicting the appellants for commission of offence punishable under Section 341 IPC, Sections 323/34 IPC and Sections 304/34 IPC and sentencing them to suffer rigorous imprisonment for one month and to pay fine of Rs.500/-, in default, to suffer rigorous imprisonment for 10 days more for the offence punishable under Section 341 IPC, to suffer rigorous imprisonment for one year each and to pay fine of Rs.1,000/-, in default, to suffer further rigorous imprisonment for one month each for the offence punishable under Sections 323/34 IPC and to suffer rigorous imprisonment for life each and to pay fine of Rs.10,000/-, in default, to suffer rigorous imprisonment for 21/2 years each for the offence punishable under Sections 304/34 IPC; all the sentences to run concurrently.
(2.) The prosecution case as alleged against the appellants is to the effect that on 12th August, 2010 around 4:00 P.M. victim, Morsed Malita had an altercation with the appellant no.1, in CRA 59 of 2016, Hannan Mondal over land dispute. A scuffle ensued. Hearing the news, de-facto complainant, Innach Malita (P.W.1), Asraf Malita (P.W.4) and Rajabul Malita (PW 5) rushed to the spot to save their father. At that time appellant no.2, Najir Malita and appellant no.7, Hira Malita hit their father with a fala on the front and back of his torso. Appellant no.8, Rashid Malita dealt a chopping blow on his hand with a ramda. Other appellants assaulted them with lathi, ramdao, rod etc. Their father was shifted to Nabadwip State General Hospital by the local people and was undergoing treatment. Over this issue Innach Malita (P.W.1) lodged written complaint against the appellants resulting in registration of Nabadwip Police Station Case No. 212 of 2010 dated 12th August, 2010 under Sections 341/325/326/34 IPC. On the next day the victim died and Section 304 IPC was added to the array of offences. Inquest and post-mortem were held. Weapon of offence was seized and the appellants were arrested. In conclusion of investigation, charge-sheet was filed against the appellants under Sections 341/323/304/34 of the Indian Penal Code. The case being a sessions triable one was committed to the Court of Sessions and transferred to the Court of the Additional Sessions Judge, Nabadwip, Nadia for trial and disposal. Charges were framed against the appellants under Sections 341/34 IPC, 323/34 IPC and 304/34 IPC. The appellants pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined 17 witnesses and exhibited a number of documents. The defence of the appellants was one of innocence and false implication. In conclusion of trial, the trial Judge by the impugned judgment and order dated 19th January/20th January, 2016 convicted and sentenced the appellants, as aforesaid.
(3.) Mr. Sudipto Moitra, learned senior advocate, along with Mr. Angshuman Chakraborty, learned advocate, appearing for the appellants argued that the genesis of the prosecution case has not been proved beyond reasonable doubt. Place of occurrence has not been established. Independent witnesses who were present at the place of occurrence have not been examined. Injuries on PW s 1, 4 and 5 have not been proved improbabilising their presence at the place of occurrence. It is also doubtful whether other relation witnesses had seen the incident. It is also argued that there was enmity between the parties and the appellants were falsely implicated by introducing their names at the police station while lodging FIR although the names of the assailants of the victim were not stated before the doctor at the hospital. Seizure of the weapons is doubtful as it was produced by one Ohab Malita, who has not been examined. Rajab Ali Sk., who brought the victim to the hospital has also not been examined. Hence, the appellants are entitled to an order of acquittal.;