SANKAR ACHARYYA, J.

This appeal has been directed against the judgment and order of conviction and sentence dated 25.05.2012 and 28.05.2012 respectively passed by learned Additional Sessions Judge, 4th Court, Suri, Birbhum in Sessions Trial No. 3 (6) of 2011 arising out of Sessions Case No. 43 of 2011 convicting the appellants under Sections 302/34 and 325/34 of the Indian Penal Code. Both the appellants are confined in correctional home.

On 20.04.2010 a written information was lodged at Rajnagar Police Station by the informant Samir Mirdhya which was registered as Rajnagar Police Station FIR No. 18/2010 dated 20.04.2010 under Sections 325/302/34 of the Indian Penal Code. Police Officers of Rajnagar Police Station investigated the case and submitted charge-sheet against the five accused persons whose names appear in the FIR. After commitment of the case charges under Sections 325/302/34 of the Indian Penal Code were framed against all the five accused persons and the case was tried in the Court of learned Additional Sessions Judge, 4th Court, Suri, Birbhum. In the impugned judgment two appellants of this appeal were convicted and sentenced of the charges under Sections 325/302/34 of the Indian Penal Code and the other three accused persons namely Madhusudan Ghosh, Bipodtaron Mondal and Malay Majhi were acquitted of the charges.

Prosecution case was under trial before the learned Additional Sessions Judge, 4th Court, Suri, Birbhum as per FIR. The case made out in FIR is that on 19.04.2010 at about 5:30 p.m. the informant Samir Mirdhya and his elder brother Dilip Mirdhya were returning home after completion of their work. They noticed that in the house of appellant no. 1 Lakshmi Kanta Mirdhya of Village – Sundarkhele, the accused persons along with some others entered with weapons. Witnessing it the informant and his elder brother Dilip were proceeding hurriedly through embankment of a pond named Boropukur of Ghosh family of their village. Said pond is situated beside the house of appellant no. 1. While they were proceeding through the embankment the appellant no. 1 assaulted on the head of Dilip Mirdhya forcefully with a piece of stem of Sonajhuri tree, Dilip fell down. Other accused persons rushed to the spot and they also assaulted Dilip. When the informant Samir Mirdhya raised protest he was also assaulted on his head and on his raising voice Adesh Mirdhya and Shyamal Mirdhya who were present near the place of occurrence came to the spot and miscreants went away. At that time the miscreants threatened that they would cause murder to one-two persons also. Those miscreants are involved in a political party. The informant and some other villagers brought Dilip to Rajnagar Hospital first and thereafter, Dilip was referred to Suri Sadar Hospital and after sometime of admission at Suri Hospital, Dilip succumbed to his injuries.

During trial, prosecution examined as many as 15 witnesses as 16 PWs, namely informant Samir Mirdhya (PW 1), Purnima Mirdhya who is widow of the victim (PW 2), Kartick Mirdhya who is cousin of PW 1 and of the victim (PW 3), Naren Murmu (PW 4), Dr. Nihar Ranjan Sardar (PW 5), Madhai Mirdhya who is maternal uncle of PW 1 and of the victim (PW 6), Durjodhan Mirdhya who is cousin brother of PW 1 and of the victim (PW 7), Subhash Roy who is scribe of the written information (PW 8), Dr. Debapriya Mukherjee (PW 9). A.S.I. Satyanarayan Mondal (PW10), Constable – Sunil Kumar Pal (PW 11), Dr. Sukhamoy Saha (PW 12), Astik Mukherjee (PW 13), S.I. – Dwijaraj Sahana (PW 14), Constable – Sunil Kumar Pal (PW 15) who was examined as PW 11 also and Arun Kumar Das (PW 16). Some documents were produced as exhibits on behalf of the prosecution during trial. Two pieces of stem of Sonajhuri tree were also produced and marked material exhibits. We like to note that in course of hearing this appeal, some ambiguity appeared before us relating to Exhibit- 2 document which was prepared and signed by PW 5. In order to remove such