JUDGMENT :

Ananya Bandyopadhyay, J.

1. This criminal appeal is preferred against the judgment and order of conviction dated 03.05.2001 passed by the Learned Additional Sessions Judge, Cooch Behar in Sessions Trial No. 4(4) of 2000 arising out of Sessions Case No. 111 of 1996 under Sections 307/34 of the Indian Penal Code and sentenced the appellants for seven (7) years of rigorous imprisonment under Section 307 of the Indian Penal Code and also to pay a fine of Rs. 500/-in default further one (1) year of rigorous imprisonment.

2. The prosecution case precisely stated on 26.08.1994, Abiar Rahaman, fourth son of the de-facto complainant, Md. Dasiruddin Mia went to the land of Jagadish Ch. Kar in the morning for cultivating the same as hired labour. At about 9 a.m. Abiar Rahaman returned to his house and after breakfast he proceeded to resume his work as aforesaid. As he reached near the house of Ratneswar Singh, the accused persons namely Jamser Ali, armed with battam, Ichhamuddin, Jabed, Safiar Rahaman, Ramen and Jiten being armed with bamboo stick wrongfully restrained Abiar. Jamser Ali assaulted Abiar on his head from behind and as a result Abiar sustained bleeding injury. Thereafter