JUDGMENT :

Ananya Bandyopadhyay, J.

1. This appeal is preferred against judgment and order of conviction and sentence dated 16th December, 2006 passed by the Learned Additional Sessions Judge, Fast Track Court-I, Krishnagar in Sessions Case No. 90(9) of 2005 convicting the appellant nos. 1, 2 and 3 under Sections 324/323/34 of the Indian Penal Code and sentenced them to suffer rigorous imprisonment for two years each for the offence punishable under Sections 324/34 of the Indian Penal Code and further sentenced them to suffer rigorous imprisonment for six months each for the offence punishable under Sections 323/34 of the Indian Penal Code and convicting the appellant nos. 4 and 5 under Sections 323/34 of the Indian Penal Code and sentenced them to suffer simple imprisonment for six months for the offence punishable under Sections 323/34 of the Indian Penal Code. All the sentences shall run concurrently.

2. The prosecution case precisely stated one Tapas Kundu moved to the Court of the Learned Chief Judicial Magistrate, Krishnagar and filed a written complaint narrating on 09.09.2002 at about 3.30 p.m. his elder brother Ashoke Kundu in the course of unloading and alighting wet jute st