MANSUR ALI MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) INTRODUCTION: This appeal is directed against the judgment dated 3.12.07 passed by the learned Additional Sessions Judge, 2nd Fast Track Court, Berhampore, Murshidabad in Sessions Trial No. 1 of 2005 arising out of Sessions Sl. No. 561 of 2004. By the judgment impugned the afore-named appellants were found guilty of the offences punishable u/s. 120B, 302/34 and 207/34 IPC. All these convicts had been sentenced to undergo R.I. for life with a fine of Rs. 5000/- each for the offence u/s. 302/34 IPC and in default of payment of fine each of them was directed to suffer R.I. for a further period of two years vide order dated 21.12.2007. They were further sentenced to suffer rigorous imprisonment for 10 years each with a fine of Rs. 2000/- each for the offence under Sections 120B IPC and in default whereof each of them shall suffer R.I. for a further period of six months. They were also sentenced to suffer R.I. for 10 years each with a fine of Rs. 2000/- each for the offence u/s. 307/34 IPC and in default whereof each of them was directed to suffer R.I. for further period of six months. All these sentences were, directed to run concurrently. However, the co-accused Bilal Hossain was found not guilty of the charge of the offences punishable under Sections 120B, 302/345 and 307/34 IPC and was accordingly acquitted of the charge in terms of Section 235(1) CrPC. by the learned Trial Court. First Information Report:

(2.) THE case of the prosecution as unfolded in the FIR, in resume, is as follows:- On 19.1.2004 at about 9.00 A.M. while Samsuddin Mondal, the husband of the informants sister, accompanied by Saiful Islam was returning in a motorcycle from a brick field at Katakopaya, the appellants and others intercepted them near B.S.S.M. Madrasah. THE appellants came out of the house of the co-appellant Mansur Ali and as ordered by Jamal Molla, Hasan Molla hit Saiful Islam with a lathi causing both Saiful and Samsuddin to fall on the ground from their motorcycle. At that point of time, appellant Dedar Sk. assaulted Samsuddin on his shoulder with a dao. THE victim was also assaulted by Kheder Ali with a bhojali. Azhar, however, assaulted the victim with a pasali at random. Sariful Islam and other accused also assaulted Saiful haphazardly with weapons.

(3.) UPON consideration of ocular evidence of as many as seventeen witnesses examined by the prosecution as also documents relied upon (Ext. 1- series, 2-series, 3-series, 4, 5-series, 6, 7-series, Ext. 11, 12 and 13-series) coupled with evidence of three DWs adduced on behalf of the defence, the learned trial Judge passed an order of conviction against the appellants and also inflicted sentence upon them as indicated earlier. Appeal: