JUDGMENT :

DEBANGSU BASAK, J.

1. Pandua police station had received a written complaint from prosecution witness (PW) 1 on October 23, 2013 with regard to an incident of assault occurring on October 21, 2013 in which her son, the victim suffered grievous hurt at the hands of the appellants and was hospitalised.

2. Such written complaint had been registered as First Information Report bearing No. 454/13 dated October 23, 2013 under Sections 448/324 of the Indian Penal Code, 1860.

3. The victim had died on November 14, 2013. On November 16, 2013, police had prayed for adding Section 304 of the Indian Penal Code, 1860 before the jurisdictional Court which was allowed. Police had submitted charge sheet against the appellant on February 31, 2014 under Section 448/324/325/326/304/34 of the Indian Penal Code, 1860 against the appellants.

4. Charges as against the appellants under Sections 448/326/304 (i)/34 of the Indian Penal Code, 1860 had been framed against the appellants on January 10, 2018. The appellants had pleaded not guilty and claimed to be tried.

5. At the trial, the case of the prosecution was that, on October 21, 2013, at about 3 PM, the appellants had committed house trespass by