LAL MANDI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant along with four absconding accused Man Singh, Babu Lal, Arjan and a son-in-law of Ganesh was charges sheeted for committing the murder of Dullen Maddi, wife of PW2, Murka Maddi on 31-8-1982 at about 8.00 p.m. It is alleged by the prosecution that after causing injuries to the deceased, the assailants buried her dead body with the intention of screening the offenders from legal consequences. The learned Additional Sessions Judge, Burdwan convicted the appellant for offences u/S. 302/341. P.C. and Section 201, I.P.C. and sentenced him to undergo imprisonment for life and to pay a fine of Rs.5,000/- for the offence under Section 302/34, I.P.C. and R1 for a period of 5 years and a fine of Rs.2,000/- for the offence under Section201, I.P.C. The substantive sentences were however, directed to run concurrently. His appeal before the High Court of Calcutta against conviction and sentence failed on 31-7-1990. Hence this appeal by special leave.

(2.) The prosecution case against the appellant is that the villagers of Dhupchinadanga in Burdwan District were under an impression that the deceased was a witch and was responsible for the death of the infant daughter of one of the absconding accused, Man Singh. It is alleged that on 31-8-1982 at about 8.00 p.m., while PW2 Murka Maddi, his three sons including Sita Ram Maddi, PW8 and a daughter along with his wife Dullen Maddi (deceased) were sitting inside their house, Man Singh along with another person and Babu Lal (the absconding accused) entered their house and gave beating to PW 2 and his wife Dullen and then dragged her away to Man Singh's house. While Dullen was being assaulted in her house, PW2 and PW8 fled away. The appellant and one of the absconding accused were present at the house of Man Singh and all of them took part in assaulting the deceased at the house of Man Singh. PW 2 and PW 8 went to the police station and lodged a report on 1-9-1982 at about 10.30 hrs. The report Ex.-7 was entered in the general diary by the Station House Officer, PW 10. The statement, however, was cryptic. It did not disclose the names of the accused even. Subsequently, when PW 14 took over the investigation, he recorded the statement of PW2 on 1-9-1982 at about 12.35 hrs. and on the basis of that statement, a formal FIR was registered. The body of Dullen (deceased) was exhumed on 2-9-1982 by the SI in the presence of the Executive Magistrate and inquest proceedings were held. The dead body was sent for post mortem examination. The SI during the investigation seized lathis alleged to have been used in the assault of Dullen from the house of Man Singh and Ganesh.

(3.) Before the Trial Court, it was submitted on behalf of the appellant that had PW 8, Sitaram, son of the deceased and PW2 husband of the deceased been actually eye-witnesses and had witnessed the occurrence, the statement Ex. 7 made by them to PW10, which was recorded in the general diary would not have been so cryptic and the name of the appellant and others, who were admittedly known to them would have found a mention therein. It was also submitted that the conduct of Murka Maddi, PW2, the husband of the deceased, who made no efforts either to save his wife from being assaulted in his very presence or from being forcibly dragged from his house also creates a doubt about his presence at the time of the occurrence. Both the submissions were rejected by the Trial Court and in our opinion rightly and for cogent reasons with which we agree.