Shivakant Prasad, J. - (1.) This appeal is directed against the judgment and order of conviction dated 17.05.2017 and the order of sentence dated 18.05.2017 passed by the learned Additional District and Sessions Judge, F.T.C.-I, Krishnanagar, District Nadia in connection with sessions case No. 41 (II) 2006 corresponding to sessions trial No. 01 (June) 2015 arising out of Kotwali Police Station Case No. 417/2005 dated 24.12.2005 under Section 325/34 and Section 308 of Indian Penal Code , thereby convicting the appellants for the commission of offence punishable under section 304 part II and 34 of the Indian Penal Code and thus sentencing him to suffer rigorous imprisonment for 5(five) years and to pay Rs. 5,000/- as fine in default six months rigorous imprisonment each against the appellants.
(2.) The prosecution case in brief is that the defacto complainant, Jaheda Bibi, wife of Sanwar Rahaman of Chandsarak Fakirpara, Joynal Abedin Road under Police Station Kotwali lodged a First Information Report (in short, "FIR") on 24.12.2005 at Kotwali Police Station to the effect that on 08.12.2005 at about 12.00 noon a quarrel took place between her husband Sanwar Rahaman with Ohidar Rahaman and his wife Rajia Bibi over the dispute regarding family property. On that very day at about 7.00 P.M. Nuri Bibi and Ipi Bibi of Masjidpara, called her husband near the mosque of Masjidpara and there Chhoto Khoka Sk., Ohidar Rahaman, Rajia Bibi and Ipi Bibi assaulted her husband. On the next morning her husband was admitted to hospital and on 28.12.2005 Sanwar Rohaman died. Hence, the prosecution case.
(3.) On receiving the FIR being Kotwali Police Station case No. 417/2005 dated 24.12.2005 under Section 325/34 and 308 of the Indian Penal Code, the Investigating Officer investigated the case and after completion of investigation submitted charge sheet bearing no. 125/2006 dated 24.06.2006 under Sections 325/308/34 and 304 of the Indian Penal Code against five accused persons.;