Joymalya Bagchi, J. - (1.) The appeal is directed against the judgment and order dated 26.11.2013 and 27.11.2013 passed by the learned Additional District and Sessions Judge, 3rd Court, Suri, Birbhum in Sessions Case No. 42 of 2005 convicting the appellants for commission of offence punishable under Sections 148/326/302/149 of the Indian Penal Code and sentencing them to suffer life imprisonment each and to pay a fine of Rs.3,000/- each for the offence punishable under Sections 302/149 of the Indian Penal Code, in default of payment of fine each of them to suffer simple imprisonment for six months more and to suffer rigorous imprisonment for two years each for the offence punishable under Section 148 of the Indian Penal Code. No separate sentence was imposed for the offences punishable under Sections 326/149 of the Indian Penal Code. All the sentences were directed to run concurrently.
(2.) The prosecution case, as alleged against the appellants is to the effect that on 17.08.2004 at 6.30 a.m. Nemai Chandra Mondal (P.W. 1) received information that the appellants were cutting the bank of the pond (Moral Pukur) by the side of a road. Hearing such news he along with his sons Labh Mondal (P.W. 2) and Kush (the victim) came to the place of occurrence with his nephew, P.W. 3 Madan Mondal. An altercation ensued between the parties. Appellant Nani Dhowrey, hit Labh (P.W. 2) with a spade. Goutam hit him with a stick, Uttam hit Kush on the head and the latter fell down, Santosh also beat Kush. At that time, Goutam Dhowrey suddenly picked a heavy stone and hit Kush on the head. The miscreants also abused his wife Gita Mondal and snatched away her gold chain.
(3.) Over the incident, P.W. 1 lodged written complaint with the police resulting in registration of Suri Police Station Case No. 24 of 2004 dated 17.08.2004 under Sections 147/148/149/323/325/ 326/ 308/379 of the Indian Penal Code. Kush Mondal was initially treated at Suri hospital and subsequently shifted to S.S.K.M. hospital where he expired on 20th August, 2008. After his death, section 304 of the Indian Penal Code was added to the FIR. In conclusion of investigation charge-sheet was filed against the appellants and the case was committed to the Court of Sessions and transferred to the Court of Additional Sessions Judge, 3rd Court, Suri, Birbhum for trial and disposal. Charges were framed against the appellants under Sections 148/326/149 IPC and under Sections 302/149 IPC. The appellants pleaded not guilty and claimed to be tried. In the course of trial prosecution examined seventeen witnesses and exhibited a number of documents. Defence of the appellants was one of innocence and false implication. In conclusion of trial, learned trial judge by judgement and order dated 26.11.2013 and 27.11.2013 convicted and sentenced the appellants, as aforesaid.;