Nishita Mhatre, J.

1. This is a case which reflects how a religious celebration held in public can go away because of the sheer madness of some persons giving vent to their urge for violence.

2. The Durgapuja festival was celebrated as in the previous years in October, 2007 in the village Rudranagar. The deity was to be immersed on October 11, 2007. According to the prosecution the appellants, all armed with deadly weapons like hasua, crowbar, tangi and lathis, led by Tonic @ Lutfar Rahaman, the appellant in Criminal Appeal No.796 of 2009, entered the Durgapuja mandap in the village. They broke the idol. One Bhabesh Bhuimali tried to resist them and confronted the appellants. He was assaulted mercilessly. Other persons at the mandap fled away in fear. The accused, hailing from the village Suryapara, ransacked the houses of many of the villagers and assaulted them. Provat Rajbangshi, Tulshi Rajbangshi, Sablu Konai, Pinku Rajbangshi, Binod Bhuimali, Subhas Konai were all severely injured. These persons and Bhabesh Bhuimali were admitted into the hospital. Bhabesh expired later in the hospital. An inquest was conducted and the FIR was lodged at 1.05 a.m. on 23rd October, 200