MANNAN SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 29.08.2015 and 31.08.2015 passed by the learned Additional Sessions Judge, 4th Court, Berhampore, Murshidabad in Sessions Trial No. 8/September/2000 arising out of Sessions Sl. No. 150/1993 convicting the appellants for commission of offence punishable under Sections 148/149/304 Part I of the Indian Penal Code and sentencing them to suffer imprisonment for three years each for commission of offence punishable under section 148 of the Indian Penal Code and to suffer rigorous imprisonment for ten years each and to pay a fine of Rs. 5,000/- each, in default, to suffer six months more for commission of offence punishable under section 304 Part I of the Indian Penal Code read with section 149 of the Indian Penal Code with a further direction if the fine be realized, the same be paid to the immediate family members of the deceased, Rupchand Sk.

(2.) Prosecution case, as alleged, against the appellants is to the effect that on 13.12.1992 around 7.30 p.m. Jahirul Islam, P.W. 10, younger son of Rupchand Sk. (since deceased) was playing music in a tape recorder in his south facing room on the first floor of the building. Sishful Sk. (since deceased) and his sons Basar Sk., Mannan Sk., Hamid Sk. and Yunus Sk. came to the residence of Rupchand and raised objection. Rupchand was in the drawing room (baithak khana) in the ground floor of the home. He came out and the said persons threatened Jahirul with dire consequences if he played music on his tape in future. Mannan Sk. ordered to lift Jahirul and Basar Sk. dragged him from the drawing room threatening he would kill him. Rupchand intervened and asked Jahirul to go away. Thereupon the aforesaid persons left the spot and returned along with others armed with pistol, bomb, etc. Seeing them, Jahirul ran away. Yunush dragged Rupchand out of the room while Mannan and Basar hurled bombs at him. As a result, Rupchand suffered bleeding injury around his testicles. The miscreants attacked the house of Rupchand, ransacked it and ran away. Rupchand was taken to Jangipur Hospital in a rickshaw-van by his wife, Jahama Bibi (P.W. 9). Investigating Officer (P.W. 15), met them and recorded the statement of Rupchand and others. Thereafter, Rupchand was admitted to Jangipur Hospital and thereafter shifted to Berhampore Hospital where he breathed his last on 15.12.1992.

(3.) In the meantime, P.W. 15 went to the village whereupon Nurul Islam, P.W. 8, elder son of Rupchand handed over a written complaint to him. P.W. 15 forwarded the written complaint to the police station and the said complaint was treated as the first information report resulting in registration of Raghunathganj P.S. Case No. 221 of 1992 dated 14.12.1992 under sections 447/326/34 of the Indian Penal Code read with sections 3/4 of the Explosive Substance Act. Upon the death of Rupchand Sk. section 304 of the Indian Penal Code was added to the array of offences.