Joymalya Bagchi, J. - (1.) Appeal is directed against the judgment and order dated 30.05.2015 and 01.06.2015 passed by the learned Additional Sessions Judge, Fast Track Court-II, Raiganj, Uttar Dinajpur in Sessions Trial No. 18 of 2009 corresponding to Sessions Case No. 227 of 2008 convicting the appellants for commission of offence punishable under Sections 302/34 and 341 of the Indian Penal Code and sentencing them to suffer imprisonment for life each and to pay a fine of Rs.10,000/- each, in default, to suffer rigorous imprisonment for a further period of two years each for commission of offence under Sections 302/34 of the Indian Penal Code and to suffer simple imprisonment for one month each for the offence punishable under Section 341 of the Indian Penal Code, both the sentences to run concurrently.
(2.) The prosecution case, as alleged against the appellants, is to the effect that on 01.09.2004 at about 10.45 p.m. when Subodh Ghosh was returning home after relieving himself, Kalpana Shil, Biren Shil and Fazlur Rahaman assaulted the victim with knife. As a result the victim fell down on the ground. He was initially taken to Raiganj District hospital. P.W. 1 Amar Kr. Ghosh elder brother of the victim lodged first information report resulting in registration of Raiganj P.S. Case No. 230/2004 dated 05.09.2004 under Sections 341/326/34 of the Indian Penal Code. On the next day the victim expired and Section 304 IPC was added to the array of accusations in the FIR.
(3.) 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 learned Additional Sessions Judge, Fast Track Court-II, Raiganj, Uttar Dinajpur for trial and disposal.;