TAPAN KUMAR MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) On September 29,1995 at about 7.00 a.m. Dilip Kumar Mondal, P.W.1 was having tea with his father Bangshi Charan Mondal sitting on the varandah on the southern side of his house. His sister Champabati was serving tea to them. At that time his cousin (uncle's daughter) Kali came to their house. When Kali was about to enter into the room his cousin brother (uncle's son) Tapan resisted. Bangshi protested the act of Tapan. Bangshi said "Kali has come to our house. What does it matter to you". Being annoyed Tapan threatened Bangshi with dire consequence and brought out a Khil (a wooden plunk used for closing the door) and struck forcibly on Bangshi's head from the back. Bangshi died on the spot. His head cracked and was profusely bleeding. Bonomali (father of Tapan) instigated Tapan and asked him to hurt Bangshi in such a manner that he would die.

(2.) Dilip lodged a complaint with the Police. Police made an inquest and had the post mortem done. Doctor opined that cause of death was due to head injury which might be homicidal in nature and ante mortem.

(3.) This witness was a constable. He produced material Exhibit No.1 (playing cards) from Tamluk Police Station. P.W.3 (Champabati Mondal):