The prosecution must prove its case beyond reasonable doubt, and the conduct of the accused can lead to adverse inferences regarding their guilt.

JUDGMENT :

Reetobroto Kumar Mitra, J.

1. Sanu Khan, Asgar Ali Khan, Saira Khatoon @Bibi, and Saida Khatoon @Bibi have been found guilty of the charges and sentenced by the learned Assistant Sessions Judge by an order of 14th March, 1996.

2. The accused persons, the appellant herein, Asgar Ali, Saida Khatun, Saira Khatun were charged under Sections 323 read with Section 34 of the Indian Penal Code (hereinafter IPC ) while the other accused persons were charged under Sections 148/ 149(1)/ 448/149, 304 Part I/149, and 342 of the IPC . The accused persons had pleaded not guilty and claimed to be tried.

3. Sanu Khan hereinafter (Sanu) has been found guilty and convicted on the charge under Section 304 Part 1 IPC and has been sentenced to rigorous imprisonment for 10 years. Asgar Ali, Saira Bibi, and Saida Bibi have been found guilty and convicted on the charges under Sections 323 and 334 IPC . While Asgar Ali has been sentenced to simple imprisonment for one year and to pay a fine of Rs. 500/- in default , further simple imprisonment for three months, Saira Khatun and Saida Khatun have been sentenced to pay Rs. 500 each in default whereof they would serve simple imprisonment for three months each.

4. It is from the aforestated order of 14th March, 1996 that two appeals have been preferred, one by Sanu Khan and the other by Saida Khatun, Saira Khan, and Asgar Ali Khan. Both appeals have been taken up and heard together. The facts giving rise to the crime said to have been committed by the accused are fairly simple.

5. On 16.08.1983 one Sattar Ali Khan, son of Abdul Khan, was tending to the paddy growing in his land when some goats proceeded to damage the crops. As a result, Sattar Ali Khan, who is also the de facto complainant, proceeded to impound the goats. The goats belonged to the accused Asgar Ali Khan, who immediately, along with his mother, sister-in- law, and wife, assaulted Sattar Ali Khan with fists and blows. This incident was cut short by the intervention of Sisir Kumar Hazari and Swapan Hazari, brothers, who are neighbours of Sattar as well as tillers of the adjacent land.

6. Sattar Ali Khan proceeded to leave the paddy field for his home when he was attacked a second time by Asgar, his mother, sister, and sister-in- law with lathi on his back, shoulders, and upper portion of his chest. On raising an alarm, Sisir and Swapan once again came to his rescue. Thereafter, Sattar left for his home.

7. Upon reaching home, at about 5 PM Asgar along with some other persons including Sanu rushed into Sattar’s home. Sattar and his father objected to and opposed such intrusion, whereupon the accused Sanu and Asgar began to assault Abdul, kicking him on his belly and chest. Thereafter, Sattar rushed to the first floor of his house and took out his gun and fired a blank shot. On hearing the blank shot, the entire group led by Asgar left the house of Sattar. The inmates of the house of Sattar thereafter bolted the doors of the house from inside. Asgar and the other persons accompanying him remained outside the house, threatening that they would murder Sattar and set fire to the house. As the situation was tense, Sattar could not reach out for any medical help required for his father, thereafter leading to the death of his father sometime between 7 PM and 7.30 PM caused due to the assault perpetrated on him by Asgar and Sanu.

8. It was only the following morning, i.e., on 17th August, 1983, Sattar was able to report the incident to the local police station (Ghatal) in writing.

9. The inquest was made by a Sub-Inspector of Police, Anil Krishna Guha, on 17th August, 1983. A post-mortem report of Abdul Khan was made on 17th August, 1983. Charges were framed against the accused under Sections 148/149(1)/448/149/304 Part I/ 149, and 342 of the Indian Penal Code on 9th November, 1995.

10. Shorn of details, the prosecution case may be summarised as under:-

a. On 16th August, 1983, at about 4 PM, some goats were damaging the paddy growing on the land of Sa