Joymalya Bagchi, J. - (1.) At the outset learned Counsel appearing for the appellants submits that appellant no. 2 has expired. Death certificate is placed on record. Hence, the appeal abates so far as the appellant no. 2 is concerned.
(2.) The appeal is directed against the judgment and order dated 20.01.2015 and 21.01.2015 passed by the learned Additional District & Sessions Judge, Baruipur, South 24 Parganas in Sessions Case No. 41(08)2006 (Sessions Trial No. 11(11)2006) convicting the appellants for commission of offence punishable under Sections 323/304(1)/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for ten years each and to pay fine of Rs.10,000/- each, in default, to suffer further simple imprisonment for ten months more each for the offence punishable under Sections 304(1)/34 of the Indian Penal Code and to suffer simple imprisonment for one year each and to pay a fine of Rs.1,000/- each, in default, to suffer simple imprisonment for one month more each for the offence punishable under Sections 323/34 of the Indian Penal Code; both the sentences to run concurrently.
(3.) The prosecution case as alleged against the appellants is to the effect that on 25.11.2005 at 10.30p.m. the appellants being armed with a bamboo rod, brick etc. attacked the house of one Bablu Nayek in a drunken condition. Tirthankar Ghosh and Bapan Nayek (P.W. 7), father of the Bablu Nayek, informed Champa @ Sukumar Kayal about the incident. On the next day at about 8.00a.m. an altercation ensued at the shop of Champa Kayal over such incident. At that time, the appellants mercilessly beat Bapan Nayek and Tirthankar Ghosh with stick, bamboo, chopper, rod etc. Bapan Nayek was hit on the head and was treated at Baruipur Gramin Hospital. Due to assault Tirthankar Ghosh expired. On the written complaint of Partha Ghosh (PW1), Baruipur Police Station Case No. 283(11)2005 dated 26.11.2005 under Sections 325/304/34 of the Indian Penal Code was registered for investigation against the appellants. In conclusion of investigation, charge-sheet was filed against the appellants and the case, being a sessions triable one, was committed to the Court of Sessions and transferred to the Court of the Additional District & Sessions Judge, Baruipur, South 24-Parganas for trial and disposal.;