KHANDU MURMU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 11.05.2015 and 12.05.2015 passed by the learned Additional Sessions Judge (Redesignated) Court, Bankura in Sessions Trial No.11(04)14 arising out of Sessions Case No.02(09)12 convicting the appellants for commission of offence punishable under Sections 302/34 of the Indian Penal Code and sentencing them to suffer imprisonment for life and to pay fine of Rs.2,000/- each, in default, to suffer simple imprisonment for one year for the offence punishable under Sections 302/34 of the Indian Penal Code.

(2.) Prosecution case alleged against the appellants is to the effect that on 01.04.2011 the deceased Tularam Murmu had gone to his ancestral residence and had demanded his share from agricultural produce from his brothers, the appellants herein. Over this issue a quarrel ensued between the deceased on the one hand and the appellants on the other hand. Appellants assaulted the deceased with fists, blows and kicks. He died at the spot. Initially, son of the deceased, Lakhindar Murmu (PW 14) informed local police that his father had died due to excess consumption of liquor. Accordingly, Shesh Kumar (PW 2), officer-in-charge of Onda Police Station started U.D. Case No.05/11 dated 01.04.2011 and an inquest over the body of the deceased was conducted by A.S.I. Biswajit Chakraborty. It was signed by Bablu Rahaman Choudhury (PW 1), Hekim Choudhury and Lakhindar Murmu (PW 14). Body of the deceased was sent for post mortem examination.

(3.) Dr. Prabir Chakraborty (PW 9) conducted post mortem over the dead body of the deceased. He found multiple injuries on the body of the deceased including fracture of ribs. He opined death was due to effect of injuries, ante mortem and homicidal in nature.