BIBHUTI MAHATO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is at the instance of a convict and is directed against a judgment and order of conviction passed by Sri B. B. Chatterjee, Additional District Judge, 3rd Court, Midnapore.

(2.) The facts which are relevant for the purpose of this case are that on 29.3.87 one Nimai Mahato lodged an information with Jambani P.S. in the District of Midnapore stating that on the same day at 12 noon while he was inside his house, he heard a halla coming from the field to the east of his house. On hearing such, the informant (P.W.1) came out and noticed the convict appellant Bibhuti Mahato being armed with a shovel standing in front of the door of the informant. The convict that is the accused made an attempt to assault the informant on head with such weapon as soon as he came out, but the informant somehow managed to save himself. But, in the meantime, he received injury on his hand. The convict then ran towards the forest with shovel in his hand and threw the shovel in the tank. When the informant went to the field, he noticed Radhanath Mahato that is his cousin brother aged about 45 yrs lying injured on the field. The informant further noticed that Radhanath was then bleeding and witnesses Moloy Mahato, Kishore Mahato and Tapan Mahato who were then fishing in the nearby tank were giving water on the face of injured Radhanath. But Radhanath died on the spot. The informant came to know from Moloy, Kishore and Tapan that accused Bibhuti who was then armed with the shovel, pushed the shovel on the belly of Radhanath and Radhanath fell down and died instantaneously. The information further gathered that accused appellant also assaulted his father Mahesh Mahato, step mother Janaki Mhahto with the help of shovel. The informant then rushed to the Police Station, and thus FIR was recorded. The informant also stated in the FIR that prior to the incident, the convict appellant Bibhuti used to remain silent and perform puja of goddess Kali and he suspected that the convict was suffering from insanity and because of such insanity, he perhaps assaulted his father, step mother, Radhanath and also the informant, Nimai Mahato. Thus, a police case (being G. R. Case No. 129 of 87) commenced. After completion of investigation, charge sheet was submitted under section 302 by 324 IPC against this convict, Bibhuti Mahato.

(3.) After completion of charge sheet, the learned SDJM Jhargram committed the case to the Court of sessions and ultimately came up for trial before the 3rd Additional Sessions Judge at Midnapore, charges under section 302/324 IPC were framed. The prosecution examined 20 witnesses in all, besides exhibited some documents. The defence plea as appeared from the judgment under appeal was that the accused was then suffering from insanity and the incident, if there be any, was the result of such insanity and accordingly the appellant cannot be held liable for the alleged occurrence. The learned Trial Judge disbelieved the case of insanity and upon consideration of the materials and evidence on record, found the accused guilty under section 302/324/323 IPC and convicted the appellant to imprisonment for life under section 302 IPC and R. I. for one year under section 324 IPC No separate sentence under section 323 was awarded. Sentences were directed to run concurrently. On being aggrieved by such judgment and order of conviction, the instant appeal was preferred which came up for final hearing before us. Therefore, the only point for consideration is whether the judgment and order of conviction under appeal can be sustained before this Court. It appears from the records that the trial of the case, out of which this appeal has arisen, commenced on 3.4.89 and 4.4.89, eight witnesses were examined from the side of the prosecution. At that stage, the learned P. P. filed an application for holding an enquiry under section 329 of the Code of Criminal Procedure with the view to ascertain the mental condition of the accused. On the basis of that application, the learned Trial Judge directed that the accused should be produced before CMOH, Midnapore for his examination by a psychiatrist with a view to ascertain the accused has been suffering from any sort of insanity and whether the unsoundness of the mind of the accused is still existing. The Trial Court further directed that the report should be submitted by 5.5.89 on which date a report was submitted, which runs as : 1. The accused is schizophrenic (lunatic). 2. It cannot be ascertained whether the lunacy developed after the commission of the offence. 3. His lunacy is not a temporary phenomenon due to being induced by drinking of alcohol or ganja etc. 4. No evidence of addiction detected at present.