NARAYAN DUTTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellants, namely, Narayan Dutta, Swapan Dutta, Biren Aich, Dilip Pal, Santi Das, Nabakrishna Das, Tapan Kumar Pal, Ranjit Das and Kartick Kirtania, were found guilty of the offences under section 302 read with section 149 of the Indian Penal Code. Each of them was sentenced to suffer rigorous imprisonment for life and also to pay fine of Rs.10,000.00, in default, to suffer further imprisonment for 5 years.

(2.) The said appellants were also found guilty of the offence under section 147 of the Indian Penal Code and each of them was sentenced to suffer rigorous imprisonment for 2 years and to pay fine of Rs. 1,000.00, in default, to suffer detention for a further period of 1 year.

(3.) Of them, P.W.I is the de facto complainant who in her evidence-in- chief stated that one of the victims, Yunus Biswas @ Pir Box was her cousin. She stated as on 23rd Ashar, about 3 years prior to her giving evidence, at about 11/12 hours, some young men of the locality went to the house of Yunus through the house where she used to live. She gave the names of the persons as Narayan Dutta, Swapan Dutta, Dilip Pal, Tapan Pal, Biren Aich, Ranajit Das, Nabakrishan Das, Santi Das and Kartick Kirtania. On their way, they asked about whereabouts of her cousin, Yunus. They were told that he had gone to take bath in the Ganges. The bank of the said river was close to their house. Yunus was brought back to their house. He was asked to accompany them to Parulia More and despite objections being raised by Yunus, they dragged him out of the house. Yunus was being dashed and beaten up at that time. Her husband returned home at about 2 p.m. P.W.I reported the matter to him. Pishima of P.W.I, who used to be addressed as mother, followed those persons. Soon afterwards she returned and reported that Yunus had been murdered. P.W.I further deposed that one friend of Yunus, namely, Sridam Mondal, was also murdered.