GUIRAM MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant, the 10th accused in Sessions Case No.20 of 1986, was charge-sheeted along with others for the offences punishable under Section 147, 148, 149, 323 and 302 of the Indian Penal Code and Section 25/27 of the Arms Act. The Trial Court, after appreciation of the oral and documentary evidence vide its judgment dated 22.4.1987 acquitted all the accused persons, except Accused No.3 Tarun Mondal, who was convicted for the offences punishable under Section148 and 302 of IPC for causing the murder of Amrita Dome and sentenced him to suffer imprisonment for life under Section 302 IPC.

(2.) The State of West Bengal, aggrieved by the order of acquittal, preferred G.A. No.22 of 1987 before the High Court of Calcutta.

(3.) We are, in this case, concerned only with the appeal filed by Guiram Mondal, 10th accused. The prosecution case, in short, is that on 26.4.1984 at about 12 hours the accused persons formed an unlawful assembly with deadly weapons and took along with them Amrita Dome and Sultan Khan through a kuchha road in village Pechaliya and, in the process, assaulted both Amrita Dome and Sultan Khan. Some of the witnesses, who are relatives of the deceased Amrita Dome, tried to save him but they were also assaulted by the accused persons and the informant Sadananda Dome (PW1) was shot at by a pipe-gun and he sustained injuries.