JUDGMENT

Debangsu Basak, J. - The appellants have assailed the judgement and order of conviction dated July 27, 2006 passed by the learned Additional Sessions Judge, Kalna, Burdwan in Sessions Trial No. 18 of 2003 arising out of Sessions Case No. 44 of 2001 convicting the appellants under sections 147/148, 326/149 and 302/149 of the Indian Penal Code, 1860.

2. The case of the prosecution is that, the prosecution witness (PW) No. 1 had lodged a complaint with the police on August 28, 1998 with regard to murder. In the police complaint, which was subsequently marked as Exhibit 1 at the trial, the PW No. 1, as the de facto complainant, had stated that, there was a dispute continuing over the years with his nephew Sambunath Ghosh and others with Kumaresh Ghosh of his village and his teammates on purchase and consequent exercising of rights over a mango garden. There had been an altercation on the previous evening involving scuffling. At about 6.30 am in the morning, Kumaresh Ghosh and his three sons namely Keshab, Prakash, and Bikash had hurled bombs at Sambhunath Ghosh while he was cutting grass at the agricultural land. A bomb had injured the head and body of Sambhunath Ghosh as a resu