The court upheld the conviction of the appellants for murder, finding them part of an unlawful assembly with a common object, supported by consistent eyewitness and medical testimony.

JUDGMENT :

Rajarshi Bharadwaj, J.

1. At the outset, it is informed that the appellant nos.1 and 3 have expired. Death certificates of the appellants have been placed on record. The Appeal stands abated so far as the appellant nos. 1 and 3 are concerned.

2. The appeal is directed against the judgment and order dated 20.03.2013 passed by the Learned Additional Sessions Judge, 1^stFast Track Court, Rampurhat Birbhum, in Sessions case no.39 of 2009 convicting the appellants for commission of offences punishable under sections 147/148/323/324/326/302/149 of the Indian Penal Code (hereinafter referred to as ‘IPC’) and sentencing them to undergo Rigorous Imprisonment for life and to pay a fine of Rs.10,000/- each, in default of which they are to suffer Rigorous Imprisonment for a further period of two and a half years, for the offence punishable under Section 302/149 of the Indian Penal Code. In addition, they were also sentenced to undergo Rigorous Imprisonment for ten years each and to pay a fine of Rs.5,000/- each, in default whereof to further suffer Rigorous Imprisonment for one and a half years, for the offence under Section 326/149 IPC. By the same order, the appellants were further sentenced to Rigorous Imprisonment for three years each and to pay a fine of Rs.500/- each, in default to suffer Rigorous Imprisonment for 50 days each, for the offence punishable under Section 324/149 IPC. Additionally, all the accused persons, including the appellants, were sentenced to Rigorous Imprisonment for one year each and a fine of Rs.500/- each, in default to suffer Rigorous Imprisonment for 50 days each, for the offence under Section 323/149 IPC; Rigorous Imprisonment for two years each and a fine of Rs.500/- each, in default to suffer Rigorous Imprisonment for 50 days each, for the offence under Section 147 IPC; and Rigorous Imprisonment for three years each and a fine of Rs.500/- each, in default to suffer Rigorous Imprisonment for 50 days each, for the offence punishable under Section 148 IPC.

3. The prosecution case, in brief, is that on 16th April 2008 at around 2:00 P.M., the de facto complainant Abdul Mannan, son of Kayem Sk., of village Kanakpur, P.S. Murarai, District Birbhum, was taking a bath along with his uncle Kajibul Sk. in Talbona Pukur. A dispute arose between Abdul Mannan and one Lalan Sk. Herein the appellant no. 2 of the same village regarding the spoiling of pond water, allegedly due to a prior grudge. Following this altercation, appellant no. 2 returned to his house and brought with him five others namely Kuddus Sk., Wohab Sk., Kailobad Sk., Milan Sk., and Dolon Sk. herein the appellants all armed with lathi, tangi, sabaland a bottle of acid.

4. As the de facto complainant was approaching his house, his uncle Kajibul Sk. also rushed back towards the residence. The accused persons herein the appellants forcibly dragged Kajibul Sk. from the house and began to assault him with lathis, inflicting injuries to his chest and head. The de facto complainant’s father, one Kayem Sk., upon witnessing the assault, rushed to the spot, only to find himself similarly attacked. The accused used tangi to strike Kajibul on the mouth and head and assaulted other parts of his body. The de facto complainant himself was injured on his back with tangi and sabal when he attempted to intervene. The accused persons also allegedly assaulted the de facto complainant’s mother and aunt during the incident.

5. Notably, Kuddus Sk. is alleged to have thrown acid on Kajibul Sk., causing burn inju