When Nikhil Debnath PW 10 tried to rescue his father, he was also badly beaten by the accused.
Appellant Dinesh inflicted injuries in the abdomen of Nripen Debnath with the pasli and the appellant Dilip attacked him with a dau.
The accused have stated that they have been falsely implicated due to political rivalry and they have been victimized .
The other two accused also assaulted the deceased.
Law was set in motion by PW 3 Fatik Chandra Debnath by lodging a companyplaint at Police Station Raninagar, District Murshidabad.
On seeing the incident, PW 3 Fatik Chandra Debnath rushed to the place of incident and raised alarm.
To prove the charges against the accused, prosecution has examined 16 witnesses and exhibited a number of documents and material objects.
On hearing hues and cries, the villagers gathered at the place and the accused fled away.
Aggrieved by the companyviction, the appellants preferred appeal before the High Court of Calcutta which by the impugned judgment has companyfirmed the companyviction of the appellants under Section 302/34 IPC and the sentence of life imprisonment imposed on them.
Being aggrieved, the appellants have preferred this appeal by special leave.
The High Court had referred to the evidence and the defence put forth by the appellants that the incident was a sudden fight between the parties.
As the companydition of Nripen Debnath and PW 12 Santosh Debnath was precarious, they were referred to G. Hospital, Berhampore.
After companypletion of due investigation, chargesheet was filed against the appellants and two other accused under the above stated provisions.
On the basis of the companyplaint, a case was registered under Section 302/34 IPC and 326/34 IPC against the accused persons.
Deceased Nripen Debnath, brother of the companyplainant and his son Nikhil Debnath PW 10 proceeded towards the field in a bullock cart for bringing the bundles of harvested paddy crops.
On 22.11.1998 at about 10.00 A.M. the companyplainant along with his two sons namely, PW 11 Ranjit Debnath and PW 12 Santosh Debnath was doing agricultural work in his field collecting harvested paddy crops and tying the same.
Fourth accused Vipad died pending trial.
The accused were questioned under Section 313 Cr.
All the four injured persons were immediately taken to Godhanpara Hospital wherein PW 10 Nikhil Debnath and PW 11 Ranjit Debnath were discharged after first aid.
In the process, PW 11 Ranjit Debnath and PW 12 Santosh Debnath also sustained injuries.
PW 11 Ranjit Debnath, another injured witness had also spoken that there was fight between the parties.
Nripen Debnath succumbed to the injuries on his way to the hospital.
Briefly stated case of the prosecution is as under Complainant PW 3 Fatik Chandra Debnath is the brother of the deceased Nripen Debnath.
PW 6 Anil Kumar Mondal had also deposed that he heard jhamela and when he rushed to the place of offence, he numbericed a maramari took place and the appellants inflicted injuries on Nripen and PW 10 Nikhil Debnath.
BANUMATHI, J. Leave granted.
P.C. about the incriminating evidence and the circumstances but the accused denied all of them and pleaded innocence.
This appeal arises out of the judgment of the Calcutta High Court dated 13.2.2012 passed in C.R.A. No.747/2008, in and by which, the High Court companyfirmed the companyviction of the appellants under Section 302/34 IPC and the sentence of life imprisonment imposed upon them and set aside the companyviction of the appellants under Section 326 IPC.
PW 14 Dr. Gobinda Banerjee companyducted autopsy on the body of Nripen Debnath and PW 14 opined that the death was due to shock and haemorrhage and issued Ex P6 Post mortem certificate.
The only way to reach their field was through the field belonging to the accused persons and as soon as the bullock cart touched the border of the field of the accused, the accused took exception to the same, which resulted in a wordy altercation between the parties and injuries were inflicted by the appellants on the deceased and witnesses.
As pointed out earlier, the accused persons were objecting to the entry of the bullock cart in their field and before the attack, there was a wordy altercation.
