1. This criminal appeal under section 374 of Cr.PC is directed against the judgment and order of conviction and sentence dated 19.5.2004, passed by learned Sessions Judge, South Tripura, Udaipur, in Sessions Trial No. 174 (ST/S) of 2001. Learned Sessions Judge found the convict appellants guilty of committing offence punishable under sections 448/326/304(P-II) read with section 34 of IPC and sentenced appellant No.1, Sri Manik Debnath to suffer RI for five years and also to pay a fine of Rs.5,000 in default of payment to suffer RI for one year and also sentenced him to suffer RI for one year under section 448 of IPC and directed that the sentences shall run concurrently. In respect of appellant Nos.2, 3 and 4, namely, Smt. Putu Rani Debnath, Sri Uttam Debnath and Smt. Ratna Debnath respectively, were allowed to remain on probation for a period of three years and no sentence was imposed on them.

2. Heard learned counsel, Mr. S. Kar Bhowmik for the appellants and learned P.P., Mr. D. Sarkar, assisted by learned Spl. P.P., Mr. R.C. Debnath for the State respondent.

3. A summery of the prosecution case is that on 11.7.2001 at about 11.30 p.m. the accused persons namely, Manik Debnath, his wife, Ratna Debnath and their son and daughter Uttam Debnath and Putu Rani @ Photo Rani Debnath, all armed with dao, lathi, etc., trespassed into the house of victim Ratan Debnath, husband of informant, Malati Debnath and forcibly dragged Ratan Debnath from his hut to his courtyard and assaulted him striking dao and lathi blows, causing multiple injuries including bleeding injury. On the following day in the early morning, the severely injured Ratan Debnath was shifted to Manubazar Hospital and the doctor, after examination and preliminary treatment, referred him to Sabroom HospitaKSub-Divisional Hospital) for X-ray, wherefrom he was referred to Udaipur Hospital and then to G.B. Hospital, Agartala. But Ratan Debnath succumbed to the injuries on 15.7.2001 at G.B. Hospital.

While the injured was taken to Manubazar Hospital by his wife Malati Debnath, someone informed Manubazar P.S. and S.I. Raj Prasad Jamatia, as directed by O/C, went to the hospital to whom Malati Debnath narrated the incident and S.I. Raj Prasad Jamatia recorded it as FIR. That FIR was registered as Manubazar P.S. Case No. 17 of 2001 under sections 448 and 326 of IPC and an investigation was taken up by the police of Manubazar P.S. and on completion of investigation charge sheet was submitted against the accused persons for commission of offence punishable under sections 448/326/302 of IPC. Cognizance was taken and in due course the case was committed to the Court of Sessions for trial.

4. In course of trial, learned Sessions Judge examined as many as 9(nine) witnesses and out of them PWs 1, 2 and 3 are the only witnesses to the occurrence and they are the wife, daughter and son of the deceased Ratan Debnath. Out of the other witnesses, PW6 is the Medical Officer of Manubazar Hospital, who examined the deceased at first and PW7 is the Autopsy Surgeon. PWs.8 and 9 are the Investigating Officers. PW4 is a police constable, who guarded the dead body and identified it at the time of P.M. examination.

Learned Sessions Judge relying on the evidence of PWs.1, 2 and 3 which is corroborated by PWs.6 and 7 recorded an order of conviction and sentenced accused Manik Debnath as indicated above.

5. For fair appreciation and consideration of the points advanced by learned counsel of the appellants in course of arguments, let us first travel through the evidence of PWs.1, 2 and 3.

FW1 in her deposition stated that about 11 years ago in the month of "Asad', i.e., 26th 'Asad' (Bengali calendar month and date), on Wednesday, the accused persons namely, Sri Manik Debnath, Sri Uttam Debnath, Smt. Ratna Debnath and Smt. Putu Debnath, trespassed into her dwelling hut at about 11 p.m. and they dragged her husband Ratan Debnath from her dwelling hut and assaulted him in the courtyard. Accused persons were arme

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