RAHIT HAZRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is preferred against the judgment and order of conviction and sentence dated 27.07.1999 and 28.07.1999 respectively passed by the learned Additional Sessions Judge, Alipore in Sessions Trial No. 1 (6) of 1997 thereby convicting the accused appellants under Section 302 read with Section 34 of the Indian Penal Code and sentencing each of them to suffer rigorous imprisonment for life and to pay a fine of Rs.500/- each, in default, to suffer rigorous imprisonment for a further period of six months.

(2.) Charge was framed against the accused appellants under Section 302 read with Section 34 of the Indian Penal Code and on conclusion of trial, they were convicted as stated above.

(3.) The prosecution case, in short, is that Bishnupur P.S. Case No. 345 Dated 20.11.1992 was registered on the basis of a complaint lodged by P.W. 1, Dhirendra Nath Mondal, the father of the deceased. In the First Information Report it was alleged that victim Debal and his friend, Sasadhar Mondal (P.W. 4) were returning home by their respective bicycles at about 7 P.M. on 20.11.1992, when they were detained by six accused persons near a culvert. The accused persons dragged the victim Debal to a nearby paddy field and assaulted him with fists and blows. P.W. 4 immediately rushed to the house of P.W. 1 by his cycle and reported the incident. P.W. 1 thereafter along with Nemai Naskar (P.W.5), Sarat Chandra Mondal (P.W.7), Provash Naskar (P.W.8) and many others rushed to the paddy field. With the help of torch light of Nemai Naskar, the informant saw that accused Gunadhar and Madhab were pulling a rope in the opposite directions around the neck of Debal. Accused Rohit and Sankar assaulted the victim by iron rod and lathi while Suresh and Sunder caught hold of legs of the victim. When the people raised hue and cry, the accused persons fled away from the spot. P.W. 1 with the help of P.W. 4 untied the nylon rope from the neck of the deceased. He was taken to the hospital by an auto rickshaw where he died after sometime.