(1.) This appeal is directed by the accused persons against the conviction and sentence under section 302/34 Indian Penal Code passed in the judgment in Sessions Trial No.12 of 1991 by the learned Additional Sessions Judge, 3rd court, Burdwan whereby the learned Sessions Judge imposed the sentence of life imprisonment for both the accused persons.
(2.) The prosecution case, in short, is that on 19th Magh, 1394 B.S. corresponding to 3rd February, 1966 B.S. accused Madhusudan Sen and Kartick Sen committed murder intentionally causing the death of Panchanan Nayek son of late Kalipada Nayek at Sundarpur, P.G. Kalna, District Burdwan.
(3.) The further case of the prosecution is that the houses of de facto complainant Nidhu Bala Nayek and the accused persons are facing each other divided by a courtyard. The two accused person, namely, Madhusudan Sen and Kartick Sen are the sons of Sarashi Sen and one Tusu Bala Sen is their sister. On the fateful day immediately after the break the said Tusu Sen was sprinkling water mixed with cowdung and during the time of such sprinkling of the said water it was sprinkled upto the varandah of the de facto complainant Nidhu Bala Nayek. Nidhu Bala's daughter-in-law Sakshi Nayek and the wife of deceased Panchanan Nayek protested for such work of Tusu Sen and Immediately Kartick Sen with a stick ran towards Sakshi Nayek to assault her. At that time Panchanan Nayek came there from outside and both the de facto complainant and Sakshi Nayek reported him about the Incident At that time Kartick Sen was also standing there with a stick. On hearing the incident and seeing Kartick Sen standing there with the slick Panchanan became excited and said that his wife (Sakshi Nayek P.W.3) and mother (Nidhu Bala Nayek P.W 1) did not commit any wrong then who had given the right to attempt such assault on them and if such assault committed he will see to it. At that time Madhusudan, elder brother of Kartick, came forward with a iron crowbar and Panchanan slapped Madhusudan and then Madhusudan hit Panchanan on the head with the iron crowbar.