TARAK NATH BERA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 02.08.2016 and 03.08.2016 passed by the learned Additional District & Sessions Judge, 2nd Court, Tamluk, Purba Medinipur in Sessions Trial No.01 (05) 2010 arising out of Sessions Case No.29 (02) 2008 convicting the appellant for commission of offence punishable under Sections 326/307 of the Indian Penal Code and sentencing him to suffer imprisonment for 10 years and to pay compensation of Rs.15,000/- to Basudev Mal and Rs.5,000/- each to other three injured persons namely Mritunjoy Bera, Sukumar Maity and Sunil Bera for the offence punishable under Section 326 of the Indian Penal Code and to suffer imprisonment for 10 years and to pay compensation of Rs.15,000/- to Basudev Mal and Rs.5,000/- each to other three injured persons namely Mritunjoy Bera, Sukumar Maity and Sunil Bera for the offence punishable under Section 307 of the Indian Penal Code. Both the sentences shall run concurrently and if the amount of compensation i.e. Rs.60,000/- in total is not paid to the injured person the appellant shall suffer further imprisonment for 1 year.

(2.) Prosecution case alleged against the appellant and other accused persons is to the effect that on 01.04.2007 at about 1-1:30 p.m. a dispute broke out between the appellant along with other accused persons Bidyadhar Bera (since deceased), Sukumar Maity, Gaya Rani Bera and Aparna Bera on the one hand and Mrityunjoy Bera on the other hand over construction of a boundary wall around the latter's residence. Construction of the wall had been going on for two days. On the fateful day, the appellant along with other accused persons being armed with various weapons came to the spot. The appellant broke a portion of the wall. Thereupon, he was obstructed by one of the labours namely Sushil Nayek (PW 7) who snatched away the spade from his hand. Then Sukumar Maity a co-accused threw acid on Mrityunjoy Bera (P.W. 13), his brother-in-law Sukumar Maity (P.W. 9), his nephew Sunil Bera (P.W. 5) and a construction worker, namely, Basudeb Mal (P.W. 2). Subsequently, the appellant also threw acid upon the aforesaid persons. As a result of throwing acid, the victims suffered acid burn injuries and were treated at Paikpari BPHC and thereafter at district hospital at Tamluk, Purba Medinipur. P.W. 2 was admitted in the hospital for more than a month while the others were discharged earlier.

(3.) On the written complaint of P.W. 1, Champa Bera, wife of Mrityunjoy Bera, P.W. 13 first information report was registered for investigation being Kolaghat P.S. Case No. 45/2007 dated 01.04.2007 under sections 326/307/34 of the Indian Penal Code.