Toufique Uddin, J. This appeal arose out of the judgment and order dated 22.12.2008 and 23.12.2008 passed by the learned Additional District & Sessions Judge, Fast Track, 3rd Court, Diamond Harbour, South 24-Parganas, in Sessions Trial No. 3(8) 2005 arising out of Sessions Case No. 100(1)/2004 and thereby convicting the appellants for commission of offence under sections 325/304-II/34 of Indian Penal Code.

The fact leading to this appeal in short is as follows:

On 25.3.2003 at about 7.15 hours one Pranab Maule lodged an FIR alleging that on 23.5.2003 at about 7-00 hours a hot altercation took place between Aurobinda and brothers on one side and Swapan Halder and his brothers on the other side. At that time accused Swapan Halder and Tapas Halder assaulted Dinabandhu with a branch of babla tree on his head causing bleeding injury and subsequently he was removed to hospital.

A complaint was lodged with the police.

After investigation, police has submitted charge-sheet against the accused persons under sections 325/308/304/34 of Indian Penal Code.

The learned ACJM, Diamond Harbour, committed the case to the Court of learned Sessions Judge, 24-Parganas (South). After hearing o