Joymalya Bagchi, J. - (1.) The appeal is directed against judgment and order dated 4th July, 2014 and 8th July, 2014 passed by learned Additional Sessions Judge, Bolpur, Birbhum in Sessions Trial Case No.2 (February) arising out of Sessions Case No.09 of 2014 convicting the appellants for commission of offence punishable under Section 302 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for life and to pay a fine of Rs.5,000/- each.
(2.) The prosecution case, as alleged against the appellants is to the effect that on 23.6.2013 at around 1.30 p.m. the appellants physically assaulted the victim Debashis Konai with bamboo sticks and as a result he suffered serious injuries and became unconscious. The victim was admitted Sian sub-divisional hospital. On the written complaint of Goutam Konai (P.W.1) Nanoor P.S. Case No.85 of 2013 dated 23.6.2013 under Sections 341/326/307/34 of the Indian Penal Code was registered against the appellants. In the meantime, victim was referred to Burdwan Medical College and Hospital but unfortunately he expired on the way to that hospital on the same day at 5.00 p.m. Thereafter, offence under Section 302 of the Indian Penal Code was added to the array of accusations in the first information report.
(3.) In conclusion of investigation, charge sheet was filed against the appellants. Charge was framed against them under Sections 302/34 of the Indian Penal Code. The appellants pleaded not guilty and claimed to be tried.;