JUDGMENT

Joymalya Bagchi, J.—The appeal is directed against Judgment and order dated 06.08.2008 convicting the appellant for commission of offence punishable under Section 304 (Part II) of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for 5 years and to pay fine of Rs.1,000/-, in default, simple imprisonment for 6 months.

2. Prosecution case against the appellants is as follows :

On 06.03.2007 at about 10.30 a.m. one Anil Mishra (PW 2) lodged a written complaint against the appellants and other accused persons alleging that on 06.03.2007 at about 8.30 a.m. they brutally assaulted his brother Dilip Mishra (deceased), his wife Mina Mishra and his other brother Sunil Mishra by iron rod. Consequently his brother Dilip sustained serious injuries and was admitted at Purulia Sadar Hospital and thereafter transferred to higher medical centre, namely, K. M. Memorial Hospital at Chas. On the basis of the written complaint of Anil Mishra, first information report being Purulia P.S. case No. 23/2007 dated 06.03.1997 under Sections 147/148/149/326/304 of Indian Penal Code was registered for investigation. As the victim died, Section 304 of Indian Penal Code was added