KAILASH MAHATO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) On August 9, 1985 at about 10:30 a.m. there had been a free fight between supporters of Jharkhand Party and C.P.I.(M) in the village of Madhupur, District Purulia. Both the groups were armed with weapons. As a result of such fight, one Paban Majhi, son of late Bahadur Majhi and his wife was injured. Paban Majhi subsequently died. Altogether twelve persons were arrested and charge-sheeted and all of them faced trial after pleading not guilty of the offence charged against them the learned sessions Judge, Purulia vide judgment and order dated September 28, 1994 held the accused Kailash Mahato, Ashirbad Mahato, Sufal Majhi, Ramen Gorain, Sarju Gorain, Patal Majhi and Sakhinda alias Karia Mahato guilty for the offences punishable under Section 302 read with Section 149 of Indian Penal Code / 324 read with Section 149 of Indian Penal Code / 323 read with Section 149 of Indian Penal Code and acquitted rest of them from the charges. They were given imprisonment for life together with a fine of rupees one thousand each and in default to suffer rigorous imprisonment for six months for the offence punishable under Section 302 read with Section 149 of Indian Penal Code. No separate sentences were awarded by the learned Trial Judge for the offences punishable under Section 324 read with Section 149 of Indian Penal code and 323 read with Section 149 of Indian Penal Code. Being aggrieved, all of them being seven accused preferred the instant appeal. During the pendency of the appeal before this Court, it was submitted that the appellant Patal Mahato died on May 25, 1999. This Court vide order dated February 20, 2009 directed Jhalda police station to make an enquiry but no report regarding the death of Patal was received.

(2.) PW-1 was the Chowkidar of the village who reported the incident to the police station. According to him, he knew Paban Majhi and his wife Rangini Majhi. He was at his house when at about 12 O' clock at noon Sonia, daughter of Paban went to his house and called him. On being informed, he went to the Danga Land where he met Rangini. He found Paban lying dead. Rangini told him that Paban had been murdered by 'some people' and requested him to inform the police station.

(3.) PW-2, Putu Majhi was an eye-witness. He deposed that the place of occurrence was his land where Paban, and his wife were working. He categorically named Kailash, Asirbad, Gajia, Patal, Surya, Laona, Janu, Naresh, Karia, Pachua, Suklal and Sufal being assembled at the said land. He also deposed that the Paban was repairing the Ail of his land and his wife was uprooting the paddy seedlings. The accused persons armed with lathis, spears, farsa, bows, arrows and tangi attacked them. According to him, Kailash assaulted Paban with lathi, Asirbad assaulted him with farsa, Gajia hit him with tangi. Kailash assaulted him with farsa on the left side of his head. He however did not see who assaulted Rangini as he became unconscious after being assaulted.