SANTOSH PARAMANIK AND OTHERS Vs. STATE

JUDGEMENT

(1.) This appeal is directed against a Judgment dated 15th Sept., 2008 delivered by the learned Additional Sessions Judge, Fast Track Court No. 1, Purulia in Sessions Trial No. 2 of 2007 in connection with Sessions Case No. 433 of 2006 by which the accused Megha @ Meghnath Paramanik, Bapi Paramanik and Hagru Paramanik were acquitted of the charge punishable under section /307 read with section 149 of the Indian Penal Code and the accused Tarani Paramanik, Dharani Paramanik, Santosh Paramanik and Haren Paramanik were held guilty of the offence punishable under sections 304, Part-I/324 of the Indian Penal Code read with section 34 thereof. They were sentenced also by an order dated 15h Sept., 2008 to rigorous imprisonment for ten years each as also to pay a fine of Rs. 5,000.00 each, in default of payment to suffer further additional rigorous imprisonment for one year each for the offence punishable under section 304, Part-I of the Indian Penal Code read with section 34 thereof. They were also punished and sentenced to imprisonment for two years each for the offence punishable under section 324 read with section 34 of the Indian Penal Code. Both the sentences were, however. directed to run concurrently.

(2.) The facts and circumstances of the case briefly stated are as follows :

(3.) Mr. Bera, learned advocate appearing for the appellants made the following submissions:-