SUCHAND PAL Vs. PHANI PAL

JUDGEMENT

(1.) This appeal has been filed questioning correctness of the judgment rendered by a Division Bench of the Calcutta High Court directing acquittal of the respondent No. 1 (hereinafter referred to as the 'accused'). The Additional Sessions Judge, 3rd Court, Midnapore, had found the accused guilty of offence punishable under Sections 302 and 307 of the Indian Penal Code, 1860 (for short the 'IPC') and also Section 25 of the Arms Act, 1959 (for short the 'Arms Act'). Sentence of imprisonment for life, 7 years and one year respectively was awarded. Originally 5 accused persons were there, and each was charged for the commission of offence punishable under Sections 302, 307 read with Sections 34 and 447, IPC. One Golok Pal died before charge-sheet was filed. Similarly accused-Narendra Patra died during trial and three persons namely accused-appellant-Phani, Niranjan Pal and Swaran Dutta faced trial. The trial Court found accused-Niranjan Pal and Swaran Dutta to be not guilty. It was only the accused-respondent No. 1 who was found guilty and convicted as aforesaid.

(2.) Accusations which led to trial of the accused is as follows :

(3.) In order to further its case, prosecution examined 21 witnesses, while accused persons who pleaded innocence and false implication examined two witnesses. Their stand was a fence was already in existence inside the courtyard. On the date and time of occurrence, the informant, his sons and some others went to uproot the fence. Only Golok Pal was present and he tried to resist. As he was about to be assaulted he rushed to the first floor. But Brindaban's sons chased him. In the meantime Brindaban and the deceased broke open the lock of the ground floor room of Golok's portion and collected valuables from that room. On the first floor Golok picked up his gun to save himself and made a blank shot from the first floor and he loaded the gun for the second time and at that stage the sons of Brindaban and his associates started a scuffle with him and in course of that a shot was accidentally fired which hit the deceased on the back when she was coming out of the first floor room of Golok.