GOPINATH GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Special leave granted.

(2.) Appellant Gopinath Ghosh was convicted by the learned Additional Sessions Judge, Nadia along with Bharat Ghosh @ Sadhu and Jagannath Ghosh under Section 302 read with Section 34 of the Indian Penal Code for having committed murder of Rabi Ghosh, son of Kartick Ghosh on August 19, 1974. Appellant Gopinath Ghosh is alleged to have caused an injury with a fala which landed on the left side chest below the neck of deceased Rabi. Information of the offence was lodged by Kartick Ghosh, father of deceased Rabi at Nakashipara Police Station at about 3.40 p.m. on the date of the occurrence. After completing the investigation, appellant and two others were chargesheeted for an offence under Section 302 read with Section 34 of the Indian Penal Code. The learned Magistrate committed the case to the Court of Session. The case came up for trial before the learned Additional Sessions Judge, Nadia who on appraisal of evidence held that appellant Gopinath Ghosh has caused the fatal injury in furtherance of the common intention of all the three accused and accordingly convicted them for an offence under Section 302 read with Section 34 of the Indian Penal Code and sentenced each of them to suffer imprisonment for life.

(3.) Appellant and the two co-accused preferred Criminal Appeal No. 160 of 1977 in the Calcutta High Court. A Division Bench of the High Court held that it is satisfactorily established that the present appellant caused the injury with a fala to deceased Rabi which proved fatal and, therefore, the charge under Section 302 1. P. C. is brought home to him. The High Court further held that it is not shown that the two co-accused Bharat Ghosh @ Sadhu and Jagannath Ghosh shared the common intention with the present appellant and accordingly allowed their appeal and set aside their conviction and sentence and acquitted them of all the charges.