Rajarshi Bharadwaj, J. - (1.) This appeal arose out of a judgement and order dated 7th August, 2008 and 8th August, 2008 passed by the learned Additional Sessions Judge, 2nd Fast Track Court, Berhampore, Murshidbad in Sessions Serial no. 846 of 2005 corresponding to Sessions Trial no. 1(8) of 2006, convicting the appellants for commission of offence under Section 307/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for five years and to pay a fine of Rs. 2000/- each; in default to suffer rigorous imprisonment for a further period of two months.
(2.) The prosecution case in short is that one Imdadul Alam, resident of village Sujapur, Tatla para lodged a complaint on 30th April, 2003 before the Officer-in-Charge, Beldanga Police Station alleging that on 29th April, 2003 at about 8 p.m. his brother Rafikul Alam was coming towards his house from the house of Yunus Sk. of Tatla para and on the way the accused namely, Yeasnabi Sk, Jalaluddin Sk., Motibur Rahaman, Chatibur Rahaman and Jillar Rahaman, being armed with firearms, jhaba, lathi and iron rod etc. with a common intention attacked his brother Rafikul as per instruction of the accused Jalaluddin and Yeasnabi, who uttered "salake peyechhi, prane mere felo" and the accused Matibur, Jillar and Chhatibur started assaulting Rafikul indiscriminately with iron rod and lathi and his brother cried out. On hearing his crying Imdadul rushed to the place of occurrence and found the accused persons fleeing away and his brother was lying on the pathway sustaining bleeding injury. Then he himself with the help of Jaber Ali and Pier Sk. had removed his brother to Beldanga hospital from where he was referred to Berhampore hospital for medical treatment. He further stated that he was busy with the treatment of his brother and that was the reason of such delay in lodging the complaint.
(3.) On the basis of the complaint, a criminal case, being Beldanga P.S. Case no. 58 of 2003 dated 30th April, 2003 was initiated and investigation was started. After investigation charge sheet was submitted on 6th April, 2004 under Section 341/323/307/34 of the Indian Penal Code against the accused/appellants. The case was committed before the learned Sessions Judge, Murshidabad and thereafter, the case was transferred to the learned Additional Sessions Judge, 2nd Fast Track Court, Berhampore. Charges were framed under Section 307/34 of the Indian Penal Code against the accused/appellants and the charges were read over and explained to the accused persons, who pleaded not guilty and claimed to be tried.;