MANIK MALIK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE present appeal is directed against the judgment and order of conviction and sentence dated 20.01.2014 and 21.01.2014 passed by the learned Additional Sessions Judge, Second Court, Arambagh, Hooghly in Sessions Trial No. 11 (3) 2011 (Sessions Case No. 04/2011). By the aforesaid judgment and orders Trial Court found the appellants guilty of several charges framed against them and passed sentences of different terms against the appellants according to the nature of the offences proved.

(2.) THE facts leading to the appeal in short, are as follows: -

(3.) IN the morning of 28.09.2006 one Baneswar Malik of village Raghunathpur under P.S. Khanakul, Hooghly submitted a written complaint at Khanakul Police Station and alleged therein that on the previous evening all the appellants having formed an unlawful assembly with deadly weapons in prosecution of a common object attacked his father Suchand Malik in front of their house and during such attack the appellant Madan Malik assaulted his father with a tangi and the appellants Amar Malik and Shyamapada Malik assaulted his father by Lathi and when his family members and some of his co -villagers gathered on the spot to save Suchand Malik they were also attacked and assaulted by the appellants. It was further alleged by the complainant that due to such assaults, Suchand sustained serious injuries and other victims also sustained different kind of injuries in different parts of their persons, and all of them had been shifted at local Hospital for treatment, and as the injuries on Suchand were grievous in nature, he was shifted at Bardhaman Medical College and Hospital where Suchand ultimately succumbed to his injuries. On the basis of the aforesaid written complaint, Khanakul P.S. case No. 80/2006, dated 28.09.2006 had been started against all the appellants and after investigation charge -sheet under Sections 147/148/149/341/323/325/326 and 304 I.P.C. was submitted against all the appellants.