Ashim Kumar Roy, J.

In a Sessions Trial held before the learned Additional District and Sessions Judge, Fast Track - 3rd Court, Barrackpore, 24 Parganas (N) total 8 persons viz. Jagannath Biswas, Chitta Sarkar, Tapas Biswas, Robin Ray, Sripati Majumder, Ashu Bairagi, Nitya Biswas and Swapan Biswas were convicted under Section 341/326/307 read with Section 34 I.P.C. and were sentenced to suffer R.I. for 1 month and to pay fine of Rs. 500/- in default to suffer R.I for 10 days for their conviction under 341/34 I.P.C, to suffer R.I. for 10 years and to pay fine of Rs. 500/- in default to suffer R.I for 1 year under Section 326/34 I.P.C, to suffer R.I. for 10 years and to pay fine of Rs. 500/- in default to suffer R.I for 1 year under Section 307/34 I.P.C.

Against the aforesaid order of conviction and sentence all the aforesaid 8 convicts preferred an appeal being Criminal Appeal No. 531 of 2008 before this High Court. The said appeal was then came up for hearing before a Division Bench comprising of Hon'ble Justice Girish Chandra Gupta and Hon'ble Justice Indira Banerjee. After hearing of the appeal while Justice Girish Chandra Gupta was of the opinion that except appellant Ja