Joymalya Bagchi, J. - (1.) At the outset, it is informed that the appellant no. 5, namely, Chitta Das had expired in the correctional home. Hence the appeal at the behest of appellant no. 5 stands abated.
(2.) The appeal is directed against the judgement and order dated 30.01.2003 passed by the learned Additional Sessions Judge, 1st Court, Burdwan in Sessions Trial No.28 of 2000 arising out of Sessions Case No.170 of 1995 convicting the appellants for commission of offence punishable under sections 302/148/149 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for life and to pay a fine of Rs.2000/-, in default to suffer rigorous imprisonment for two months more.
(3.) The prosecution case, as alleged, against the appellants is to the effect that on 6.6.1992 at about 9.00 A.M. when the victim Sarat Chandra Das was returning home through Gobardhanpur he was assaulted by the appellants who were armed with lathi, tangi, sarki, ballam and mugur etc. in front of the house of Karunamoy Das. Hearing the hue and cry, his two sons Sukumar Das (PW 1) & Mantu Das (PW 9) & other relations along with co-villagers came to the place of occurrence and saw the appellants assaulting the victim Sarat Chandra Das on various parts of the body causing grievous injuries. As a result of the assault, the victim fell down at the spot and was removed to the hospital in a bullock cart but on the way he expired and was brought back to the village. Mongolkote Police Station was informed regarding the death of the victim. Upon arrival of the police at the place of occurrence, PW 1 Sukumar Das lodged a complaint against the appellants resulting in registration of Mongolkote Police Station Case No.97 of 1992 dated 06.06.1992 under Sections 147/148/149/325/326/302 of the Indian Penal Code against the appellants.;