CHANAKYA DHIBAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The informant has filed this appeal questioning judgment of acquittal rendered by a learned Single Judge of the Calcutta High Court acquitting five respondents (hereinafter referred as the accused by their respective names). Since he has died during the pendency of the appeal, an application for substitution by his legal representatives has been filed which is allowed.

(2.) The trial Court found the respondents guilty of offences punishable under Sections 148 and 304 Part I read with149 of the Indian Penal Code, 1860 (in short the IPC). Law was set in motion by PW-1 (Chanakya) on the accusation that Jaba Dhibar (hereinafter referred as the deceased) was assaulting severally by five respondents on the date of occurrence i.e. on 16.9.1985 at about 9.45 p.m. Naran Dhibar (PW-3) who was accompanying him saw the assault by accused Maha Bhattacharjee and fearing assaults on him ran away and informed the family members of the deceased. On hearing about the assaults, the informant, his elder brother Naran and Sandhya, wife of the deceased (PW-2) went the spot, when they arrived there finding the deceased with bleeding injuries, ok him the Bankura hospital on police jeep. Apart from PW-3, a rickshaw puller Pradip Das (PW-5) was examined show that he has seen the deceased being surrounded by accused persons and assaulted him. the first information report was lodged at about 10.25 p.m. in which the names of the five respondents were indicated. Sub-Inspecr (PW-9) attached the Bankura Police Station ok up investigation. The docr (PW-4) who examined the deceased found a sharp cut injury on p of the deceaseds skull. He was attended by other docr (PW-15). He continued be under treatment till 13.10.1985 when he was shifted S.S.K.M. hospital, Calcutta and ultimately he breathed his last on 8.11.1985. Post mortem was conducted by PW-18 who opined that the death was due septicemia. The injury was, according him, sufficient in the ordinary course of nature cause death and that it was homicidal. After completion of investigation, charge sheet was placed for commission of offence punishable under147, 148, 304 read with149. Charges were framed under Sections 148 and 304 Part I read with149 IPC. Accused persons pleaded innocence. According the defence plea as evident from the cross examination of prosecution witnesses and statement of the accused persons recorded under 313 of the Code of Criminal Procedure, 1973 (in short the Code) the accused persons were falsely implicated out of grudge. People of Patnakpra locality made attempts evict the prostitutes from the locality in between Pathakpara and Keotbara, which was strongly opposed by Chanakya (PW-1).

(3.) After considering the evidence on record, the trial Court held that accused persons were guilty of offence punishable under Sections 148, and 304 Part I read with 149 IPC. Each of the accused was sentenced undergo rigorous imprisonment for seven years and pay a fine of Rs. 1,000/- with default stipulation so far as offence punishable under 304 Part I read with149 IPC and w years for the offence punishable under 148 IPC.