SHYAMAPADA BAURI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) On July 19, 1992 Naru Bauri, PW-1 lodged a complaint with the Kashipur Police Station under the District of Purulia to the effect that at about 8.30 p.m. on the said day when he was sitting on a cot in the courtyard of his house after coming back from his workplace he saw Shyamapada Bauri son-in-law of Baru Bauri his second elder brother passed in front of his house on a bicycle and entered the house of Baru Bauri. He was carrying a folded umbrella at the back of his cycle. Almost on everyday Shyamapada used to visit Sadhana (his wife) at her parental place. Just a short while after Shyamapada had entered, Naru heard a hue and cry of Sadhana. She was crying by saying "he is killing my father". Naru rushed to the house of Baru with a stick and found Baru lying on the floor inside the room with bleeding injury. Sadhana, Sadhana's sister Mamata and their mother Moni as well as complainant's elder brother Tarapada were also lying with bleeding injury in front of the house of Baru and crying severely. Complainant tried to stop Shyamapada and when Shyamapada tried to cause injury to him on his neck with the sword he had in his hand, complainant tried to stop with his left hand after throwing the stick and thereby suffered cut injury on his left thumb. He fell on the ground with bleeding injury, taking advantage Shyamapada fled with his bicycle. The people of the locality rushed to the place of occurrence and took the injured to Kalloli Hospital. Baru succumbed to the injury. The others however got cured within a span of time. Shyamapada was absconding for some time until he was arrested. He was charge-sheeted with the allegation of committing offence murdering Baru and injuring others as above. He was charge-sheeted under Section 302 read with Section 326 of the Indian Penal Code. Shyamapada pleaded innocence and opted to be tried.

(2.) PROSECUTION WITNESS:

(3.) JUDGMENT: