SUJIT MITRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 12th February, 1998 passed by the learned Sessions Judge, Coochbehar in Sessions Trial No. 2(6) 96 arising out of Sessions Case No. 97/94, thereby holding the appellants guilty of having committed offences under Sections 302/34 and 201/34 of the Indian Penal Code (for short 'IPC'). The appellants are two (2) out of thirteen (13) accused persons. Nine (9) accused persons were acquitted by the Ld. Trial Judge and four (4) accused persons including the appellants were convicted and sentenced to life imprisonment. Two (2) of the convicts died during the pendency of the appeal.

(2.) The prosecution case as would appear from the written complaint and the FIR is that the victim Basudeb Ghosh, was going to the house of one Subrata Oraon of village Bara Soulmari on 16th July, 1992 at about 8/9 P.M. On the way there was collision of bicycles between the victim and Swapan Mitra, one of the appellants. A quarrel ensued. Thereafter, when the victim reached the house of Subrata Oraon, Swapan Mitra and other people named in the written complaint brought the victim out from the house of Subrata Oraon, took him in front of the house of Sri Haripada Bardhan and in the presence of Sri Bardhan those people struck the victim with bamboo and iron rods and "picked up his left eye". They also caused serious injury to the victim on his forehead, mouth and chest and left him in an unconscious state in front of the house of Haripada Bardhan. The written complaint was lodged by the elder brother of the victim who stated in his complaint that he came to learn about the incident from Lede Asur of the same village. He went to the place of occurrence but Sudhir Mitra and the other persons named in the written complaint threatened him with dire consequences. Out of fear he ran away from the place. On the next morning at about 10A.M. he came to learn from Lede Asur that the victim "was lying dead inside the garden".

(3.) The First Information Report was lodged on 17th July, 1992 at about 3.30 P.M. The charge-sheet was issued on 13th June, 1996, charging the accused persons with commission of offences punishable under Sections 302/34 and 201/34 of the IPC. The charges were read over to the accused persons who pleaded not guilty and claimed to be tried. Accordingly, the trial ensued.