BALAHARI GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and order of conviction and sentence dated 28.05.2015 and 29.05.2015 passed by the learned Additional Sessions Judge, 4th Court, Suri, Birbhum, in connection with Sessions Trial No. 02/April/2010 arising out of Sessions Case no. 18/2010 wherein the appellants were convicted for commission of offence punishable under Section 148/323/149/304(II)/149 of the Indian Penal Code and sentenced to suffer RI for one year and fine of Rs. 1,000/- each, i.d. to suffer further R.I. of three months for the offence under Section 148 of Indian Penal Code, the appellants were also sentenced to R.I. for seven years and fine of Rs. 5,000/- each i.d. further R.I. of six months for the offence under Section 304(II) of Indian Penal Code. By the same order the learned Sessions Judge did not impose any punishment for the offence under Section 323/149 of Indian Penal Code.

(2.) The Prosecution case in brief is that one Bhairab Nath Mondal, a resident of village Palsita, Police Station Suri addressed a complaint to the Inspector-in-charge, Suri Police Station, Suri, Birbhum to the effect that he owned a piece of land measuring three sataks at dag no. 664, Palsita Mouja since 14.08.2006. He alleged that on or about 28.12.2008 while he was stacking straw on the said land the accused persons owing to their grudge attacked his two sons namely, Kajal Mondal and Ujjwal Mondal. When the incident happened three agricultural labours were present and they were assisting him. Radhakanta Ghosh, Balahari Ghosh , Radhamadhab Ghosh, Shibsadhan Ghose and Nemai Ghosh together being armed with lathi, tangi and other deadly weapons assaulted his sons with the intention of murdering them. Due to the injury suffered by Kajal Mondal on his head his condition was critical and he was struggling for his life while Ujjwal Mondal was also seriously injured and was under the observation of doctors.

(3.) On the basis of such complaint addressed to the Inspector-in-charge, Suri Police Station, Suri PS case no. 293/2008 dated 28.12.2008 under Section 147/148/149/323/325/308 of Indian Penal Code was registered for investigation. On completion of investigation the Investigating Officer of the case submitted charge-sheet under Sections 147/148/149/323/325/308/304 of the Indian Penal Code. After compliance of all the provisions relating to supply of copies the case was committed to the Court of Sessions and the learned Trial Court on consideration of the materials so placed by the prosecution was pleased to frame charge under Sections 148/307/149/302/149 of the Indian Penal Code.