JUDGMENT :

Ananya Bandyopadhyay, J.

1. This appeal is preferred against the judgment and order dated 29.11.2007 passed by the Learned Additional Sessions Judge, Second Court, Paschim Midnapore in Sessions Trial Case No. 35 of December, 2002 which arose out of G.R. Case No. 1385/98, convicting thereby the appellants for commission of offences punishable under 304 Part-II of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for two years and to pay a fine of Rs.1,000/- (one thousand) each, in default, to suffer simple imprisonment for a further period of two months each.

2. The prosecution case precisely stated on 06.07.1998 at around 20:05, one Sandhya Singh, widow of late Krishna Singh, lodged a written complaint at Kharagpur Local Police Station inter alia stating on the same day, i.e. on 06.07.1998, in the morning the appellants along with other persons led by one Sambhu Dey assaulted Krishna Singh and as such he sustained grievous injury on his leg at the playground of Madpur market. Thereafter the said Krishna Singh was transmitted to Kharagpur Hospital for treatment where he subsequently died.

3. On the basis of the aforesaid complaint lodged by the de fact