Again, on the same day i.e. 12th August, 2010 at 0400 0500 p.m. the deceased Morshed Malita had an altercation with accused Hannan Mondal over the same land dispute.
In the said fight, the appellants accused No.6, 7 and 8 attacked the deceased Morshed Malita with fala and ramda which are stated to be sharp edged weapon attached to the long stick.
3 Signature Not Verified Briefly stated case of the prosecution is that on the Digitally signed by MAHABIR SINGH Date 2019.05.08 morning 165052 IST Reason of 12th August, 2010 at 1000 a.m. there was an altercation between the deceased Morshed Malita alias Morsed Malita and the accused Hannan Mondal since acquitted over the issue of the latter encroaching on a path which prevented the bullock cart to move down the said road.
By order dated 12th October, 2018, this Court has issued numberice only limited to the quantum of sentence.
As pointed out earlier, the appellants are said to have attacked the deceased Morshed Malita with fala and ramda.
The deceased Morshed Malita suffered cut injuries on the chest, bruise on the lateral side of upper part of the left fore arm, sharp cut penetrating back of chest and left and right lungs were punctured.
On hearing the numberse, both the prosecution witnesses and also the accused parties assembled and there was a fight between both the parties.
At the time of the occurrence, the deceased Morshed Malita had an altercation with accused Hannan Mondal since acquitted .
The High Court allowed the appeal filed by the companyaccused i.e. A 1 to A 5 and A 9 and acquitted them.
By perusal of the oral evidence and other materials on record, it is seen that the occurrence happened in the evening in companytinuation of the altercation that occurred in the morning.
