Shivakant Prasad, J. - (1.) In this revisional application three petitioners/accused persons have challenged the judgment and order dated 29.8.2018 passed by Additional Sessions Judge, 2nd Court, Krishnanagar, Nadia, in Criminal Appeal No. 06 of 2018 modifying the judgment dated 15.01.2018 passed by Judicial Magistrate, 5th Court, Krishnanagar, Nadia in connection with Kotwali P.S. Case No. 1142/12 (G.R. Case No. 4288/12 under Sections 341/324/326/379/34 of the Indian Penal Code, 1860 thereby convicting the petitioners/accused persons under Sections 341/326/34 of the Indian Penal Code and sentencing them to suffer simple imprisonment for one month for the offence under Section 341/34 of the Indian Penal Code and to suffer rigorous imprisonment for three years and fine of Rs. 10,000/- each in default to suffer rigorous imprisonment for another six months for the offence punishable under Section 326/34 of the Indian Penal Code with direction that both the sentences shall run concurrently.
(2.) Prosecution case, in brief, is that on 14.11.2012 at about 10.00 P.M. to 11.00 P.M. when victim Rakesh Garai, the elder brother of complainant Palash Garai was returning home after closing his shop he was way laid by the petitioners/accused persons who restrained him near Ghurni Tarun Sangha Club and physically assaulted him and demanded a sum of Rs. 4,500/- for consuming liquor and when Rakesh Garai declined to accede to their demand, the three accused persons forcibly snatched Rs. 4,500/- from his possession and when he resisted the attempt the accused petitioner No. 1 Swarajit Patra took a knife from the pocket of petitioner No. 2 Somnath Swarnakar and stabbed at the lower abdomen of Rakesh Garai, as a result, he sustained profuse bleeding injury and intestine prolapsed from his abdomen due to severe stab injury. The injured was immediately admitted in District Hospital, Nadia in critical and morbid condition.
(3.) Kotwali P.S. Case No. 1142/12 dated 15.11.2012 under Sections 341/324/326/307/379/34 of the Indian Penal Code was started on the basis of written complaint by Palash Garai and investigation ensued. On completion of investigation, Charge-sheet No. 328/2013 dated 11.4.2013 under Sections 341/324/326/379/34 IPC was submitted by the Investigating Officer. Chief Judicial Magistrate, Krishnanagar transferred the case for trial and disposal to Judicial Magistrate, 6th Court, Krishnanagar, Nadia vide order dated 27.11.2013.;