JUDGMENT :

1. Heard Mr. Milon Mukherjee, learned Senior Counsel appearing for the appellants and Mr. Pravas Bhattacharya, led by Mr. Saswata Gopal Mukherjee, learned Public Prosecutor and Mr. Narayan Prasad Agarwala, led by Mr. Saswata Gopal Mukherjee, learned Public Prosecutor appearing for the State in CRA 564 of 2009 and CRA 567 of 2009 respectively.

2. Judgment of conviction dated 02.07.2009 and order of sentence dated 03.07.2009 passed by learned Additional Sessions Judge, Fast Track, 6th Court, Malda in Sessions Trial No. 24 of 2009 arising out of Sessions Case No. 39 of 2009 is challenged in both the aforesaid appeals.

3. With consent by learned Counsel for both the parties, both the appeals are taken up together for disposal by this common judgment.

4. Altogether, four persons were tried for offence under Sections 448/323/324/307/304/354/34 IPC. They are Azhar Ali, Nazrul Haque, Abdul Malek and Lokman Ali. Nazrul Haque, Abdul Malek and Lokman Ali are the sons of Azhar Ali.

5. The occurrence happened at about 11.00 a.m. on 06.09.2006. Sahabuddin Haque (P.W. 1) is the informant. The gist of the prosecution case is that Azhar Ali was hurling abuses standing in front of the house of the informant. The father of informant protested to such action of Azhar Ali. Azhar Ali threatened the father of the informant (P.W. 1) to kill him. All of a sudden, three sons of Azhar Ali, namely, Nazrul Haque, Abdul Malek and Lokman Ali came over the spot. They started assaulting the father of the informant (P.W. 1). Moinul Haque (deceased), who happens to be the brother of P.W. 1 intervened to save his father. Other two brothers of P.W. 1 named, Enamul and Ekramul also intervened to save their father and brother Moinul (deceased). The accused persons, thereafter, entered into the house of the informant (P.W. 1) while assaulting father of P.W. 1 Moinul, Ekramul and Enamul with weapons like ‘da’ (sickle), ‘lathi’ and iron rod. When mother of P.W. 1, named, Hameda Bibi came to save her husband and sons, she was also kicked by Abdul Malek and her wearing apparel was torn by him. Wife of P.W. 1, named, Maneza was also assaulted by Nazrul Haque. After a while, the accused persons left the spot. Thereafter, P.W. 1 and others took his father and brothers Moinul and Ekramul to Harishchandrapur Hospital. His brother, Moinul was referred to Malda Sadar Hospital on the same day. Moinul, subsequently died in Sadar Hospital at Malda on 09.09.2006.

5.1. The FIR was lodged by P.W. 1 on 09.09.2006. P.W. 3 is the scribe of the FIR. P.W. 2 is the Inspector of Police who received the FIR and registered the P.S. Case. P.W. 17 is the I.O. of the case who took up charge of investigation on 19.09.2006 after death of the I.O., Sub-Inspector of Police, B. Dasgupta. He examined the witnesses and after all necessary formalities filed charge-sheet against the accused persons for offence under Sections 448/323/324/307/304/354/34 IPC.

6. Prosecution has examined 17 witnesses to prove the charges against the accused persons (including the appellants).

P.W. 1 is the informant. P.W. 3 is the scribe of the FIR. P.W. 2 is the Inspector who received the FIR and lodged the P.S. case.

P.Ws 6 to 14 and P.W. 16 are the eyewitnesses to the occurrence, out of whom P.W.s 9 and 12 are co-villagers but all other witnesses are relations of the informant (P.W. 1). P.W. 15 is the Police Officer who held inquest over the dead body of Moinul Haque (deceased).

P.W. 4 is the Medical Officer who conducted postmortem over the dead body of the deceased Moinul Haque. P.W. 5 is the Medical Officer who examined injured Moinul (since deceased), Azad Ali (father of P.W. 1), Enamul Haque and Ekramul Haque (brothers of P.W.1) on 06.09.2006. P.W. 17 is the I.O.

6.1. Defence plea is one of complete denial and false implication.

7. Learned Trial Court having relied on eyewitness accounts of the aforesaid witnesses as introduced (Supra) and the corroborative evidence of the Medical Officers, P.W.s 4 and 5 acquitted Az