DILIP KUMAR MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises out of the judgment of the Calcutta High Court dated 13.2.2012 passed in C.R.A. No.747/2008, in and by which, the High Court confirmed the conviction of the appellants under Section 302/34 IPC and the sentence of life imprisonment imposed upon them and set aside the conviction of the appellants under Section 326 IPC.

(3.) Briefly stated case of the prosecution is as under:- Complainant PW 3 Fatik Chandra Debnath is the brother of the deceased Nripen Debnath. On 22.11.1998 at about 10.00 A.M. the complainant along with his two sons namely, PW-11 Ranjit Debnath and PW-12 Santosh Debnath was doing agricultural work in his field collecting harvested paddy crops and tying the same. Deceased Nripen Debnath, brother of the complainant and his son Nikhil Debnath (PW-10) proceeded towards the field in a bullock cart for bringing the bundles of harvested paddy crops. The only way to reach their field was through the field belonging to the accused persons and as soon as the bullock cart touched the border of the field of the accused, the accused took exception to the same, which resulted in a wordy altercation between the parties and injuries were inflicted by the appellants on the deceased and witnesses. Appellant Dinesh inflicted injuries in the abdomen of Nripen Debnath with the pasli and the appellant Dilip attacked him with a dau. The other two accused also assaulted the deceased. When Nikhil Debnath (PW-10) tried to rescue his father, he was also badly beaten by the accused.