JUDGMENT :

1. In this revisional application three petitioners/accused persons have challenged the judgment and order dated 29.8.2018 passed by Additional Sessions Judge, 2nd Court, Krishnanagar, Nadia, in Criminal Appeal No. 06 of 2018 modifying the judgment dated 15.01.2018 passed by Judicial Magistrate, 5th Court, Krishnanagar, Nadia in connection with Kotwali P.S. Case No. 1142/12 (G.R. Case No. 4288/12 under Sections 341/324/326/379/34 of the Indian Penal Code, 1860 thereby convicting the petitioners/accused persons under Sections 341/326/34 of the Indian Penal Code and sentencing them to suffer simple imprisonment for one month for the offence under Section 341/34 of the Indian Penal Code and to suffer rigorous imprisonment for three years and fine of Rs. 10,000/- each in default to suffer rigorous imprisonment for another six months for the offence punishable under Section 326/34 of the Indian Penal Code with direction that both the sentences shall run concurrently.

2. Prosecution case, in brief, is that on 14.11.2012 at about 10.00 P.M. to 11.00 P.M. when victim Rakesh Garai, the elder brother of complainant Palash Garai was returning home after closing his shop he was way la