STATE OF WEST BENGAL Vs. NANDA BAURI

JUDGEMENT

(1.) The State has preferred an appeal against acquittal of the respondents who were prosecuted on a charge under Section 302 read with Section 34 of the I.P.C. for causing death of Ruplal Bauri and the respondents Nanda Bauri and Iswar Bauri were charged for committing offence punishable under Section 324 read with Section 34 of I.P.C. for voluntarily causing hurt to Jiban Bauri by sharp cutting instruments like axe and the respondent Rajen Bauri for having committed offence under Section 323 of I.P.C. for voluntarily causing hurt to Nakul Bauri.

(2.) In nutshell the prosecution s case can be summed up as under. On 18/01/1984, Nakul Bauri was tending his buffalos while his two sons, namely, Ruplal Bauri and Jiban Bauri were cutting earth in their land in order to make the same suitable for cultivation. In the meantime, the respondents Nanda Bauri and Iswar Bauri armed with axe and Rajen armed with lathi came to that place and challenged Ruplal Bauri and Jiban Bauri for cutting the land, over which they had an altercation, the respondent/accused Iswar Bauri assaulted Ruplal on his head with an axe causing severe injuries, due to which he fell down and the respondent/accused Nanda Bauri assaulted Jiban Bauri with axe. On seeing the incident, Nakul Bauri rushed to the place of occurrence where he was assaulted by Rajen with lathi. Nakul raised alarm which attracted villagers. Seeing this, the respondents/accused fled away. Ruplal Bauri and Jiban Bauri were taken to Kustaur Hospital. Ruplal Bauri s injuries being serious his case was referred to Purulia Hospital where he succumbed to his injury on the following day. On the day of incident, F.I.R. came to be lodged by Nakul Bauri against the respondents Iswar Bauri, Nanda Bauri and Rajen Bauri. Initially offences under Sections 326, 324 and 323 read with Section 34 I.P.C. came to be registered. On the death of Ruplal Bauri, additional offence under Section 302 read with Section 34 I.P.C. was registered.

(3.) On completion of the investigation, charge-sheet came to be filed against the respondents who were tried on a charge for having committed offence under Section 302 read with Section 34 of I.P.C. and Section 324 read with Section 34 of I.P.C. Accused Rajen was further charged for having committed offence under Section 323 I.P.C. The respondents pleaded not guilty and claimed to be tried.