JUDGMENT :

(Ajay Kumar Gupta, J.) :

1. The appellants have assailed the judgment and order dated 24th April, 2012 and 25th April, 2012 passed by the learned Additional Sessions Judge, 2nd Court, Nadia in Sessions Trial No. VIII (June)/2010 arising out of Sessions Case No. 55(4)/2010 in Kaliaganj Police Station Case No. 429/2009 dated 28.09.2009 whereby the learned Sessions Judge convicted the appellants under Sections 324 and 302 of the IPC and sentenced them to suffer imprisonment for two years for committing offence under Section 324 of the IPC and to suffer imprisonment for life for offence committed under Section 302 of the IPC and to pay a fine of Rs. 5,000/-each, in default, to suffer rigorous imprisonment for one year each. Both the sentences will run concurrently.

2. The background of the case in hand is that one Unnati Sardar, wife of Sri Dhiren Sardar of Vill. & P.O.-Ghoraikhetra, P.S.-Kaliaganj, District-Nadia had lodged a written complaint to the Officer-in-Charge, Kaliaganj Police Station to the effect that on 28.09.2009 at about 2:45 p.m. Purna Sardar, Bidhan Sardar, Balak Sardar, Ajit Sardar, Tarak Sardar and Chandra Sardar assaulted two brothers of her father-in-law, namely, Sannyasi Sardar and Khokon Sardar with sharp cutting implements and they fell down in Ghoraikhetra Primary School ground with blooding injury. The complainant along with others went to rescue them while the accused persons also assaulted Villu Sardar, Panchu Sardar, Kalyani Sardar, Gopal Sardar, Parbati and Dhiren Sardar with sharp cutting implements and out of them Kalyani Sardar, Panchu Sardar and Villu Sardar were severely suffered injuries. Besides it, the other family members of the accused persons also attacked them. The complainant further contended a few days ago, Kala Chand Sardar, the brother-in-law of the son of Panchu Sardar fled away with Kakoli Sardar, the sister of appellant, Bidhan Sardar. A complaint was also lodged in Police Station with regard to the said issue. From that time, a dispute arose between both the parties as such the above named accused persons committed murder of Sannyasi and Khokon and left them on the school ground resulting in registration a Kaliaganj Police Station Case No. 429/2009 on 28.09.2009 under Sections 147/148/149/325/326/302 of the IPC against the appellants, Purna Sardar, Bidhan Sardar, Balak Sardar, Ajit Sardar, Tarak Sardar and Chandra Sardar. After completion of investigation, charge sheet was filed against all the above-named appellants and three others namely, Kakoli Sardar, Tulshi Sardar and Parthana Sarder. Charges were framed on 22.06.2010 against six persons, namely, Purna Sardar, Bidhan Sardar, Balak Sardar, Ajit Sardar, Tarak Sardar and Chandra Sardar under Sections 148/302/326 read with Section 34 of the IPC. Charges so framed were read over and explained to the appellants who pleaded not guilty and claimed to be tried. As such, trial commenced.

In course of trial, seventeen witnesses have been examined, out of them eye and injured witnesses are the vital witnesses. Prosecution relies on their evidence to prove the case against the appellants. The prosecution also exhibited number of documents.

On the other hand, defence also examined one defence witness, namely, Mrityunjoy Chandra, staff of the Office of the District Hospital, Krishnanagar as D.W. 1 in favour of the appellants. While examination under Section 313 of the Cr.P.C., appellants were claimed they are totally innocent and denied the prosecution case. They further claimed the complainant’s parties had rather attacked them and during such attack the villagers in retaliation attacked them. Appellants, Bidhan Sardar and Purna Sardar suffered severe injuries on their person. They were admitted in the hospital for their treatment as such appellants are innocent and real culprits are the complainant’s parties.

3. The learned Trial Court, after marshalling and apprehension of oral and documentary evidence adduced by the prosecut