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