PANCHANAN DALUI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Thirty-nine accused were initially charged under Sections 148, 149, 302 and 323 of the Indian Penal Code. After completion of examination of the prosecution witnesses the learned Judge acquitted twenty accused under Section 232 of the Code of Criminal Procedure observing that there was no evidence as against them. Three accused died in course of trial. Remaining sixteen accused were proceeded and they were ultimately convicted by the learned Judge. Hence, this appeal by sixteen accused being the Appellants above named.

(2.) Perusal of the written complaint depicts that Abhoy Chandra Das, a school teacher made a written complaint to the Police on November 16, 1978 at about 9.30 a.m. to the effect that a group of persons belonging to CPIM Party were cutting away Paddy from the Barga land belonging to Abhoy. Abhoy along with PW-2, 4, 8 and 16 as well as Jogendra Kumar Das and Jadunath Das, brothers of Abhoy tried to resist them. The accused under the leadership of Subol Chandra Mondal the Appellant No. 6 attacked them with Tungi, Lathi and Arrow, as a result Jogendra and Jadunath died on the spot.

(3.) The learned Judge held all the sixteen accused guilty of the offence under Section 148, 149, 302 and 323 of the Indian Penal code.