JAGANNATH BISWAS Vs. STATE

JUDGEMENT

(1.) This appeal is directed against a judgment dated 28th July 2008 by which all the eight appellants were found guilty of an offence punishable under sections 341, 326 and 307 read with Section 34 I.P.C. by the learned Additional Districts and Sessions Judge, 3rd Fast Track Court, Barrackpore, North 24 Parganas. By an order dated 29th July 2008 all the appellants were sentenced to rigorous imprisonment for 1 ( one ) month each as also to pay fine of Rs. 500/- each, in default to suffer rigorous imprisonment for a period of 10 days for the offence punishable under Sections 341/34 I.P.C. For the offence punishable under Sections 326 / 34 I. P.C each of the appellants was sentenced to rigorous imprisonment for a period of 10 years as also to pay fine of Rs. 5,00/- (five hundred) each, in default to suffer further rigorous imprisonment for a period of one year. Identical punishment was also inflicted for the offence punishable under Section 307 / 34 I.P.C. All the sentences were however directed to run concurrently. All the eight accused persons have come up in appeal.

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

(3.) Mr. Basu, learned Advocate appearing for the appellant Nos.1,3,6,7 & 8 made the following submissions :-