MATHURA PRASAD MAHATO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence passed by learned Additional Sessions Judge, 4th Fast Track Court, Raghunathpur, Purulia in Sessions Trial No. 15 of 2002 arising out of Sessions Case No. 119 of 2000 sentencing Dharani Mahato and Madhusudan Mahato to pay a fine of Rs.500/- each in default to suffer S.I. for one month under section 324 of the Indian Penal Code. The learned Judge convicted appellant Mathuraprasad Mahato and sentenced him to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.5,000/- in default to suffer R.I. for two years under section 307 of the Indian Penal Code. Other accused persons were acquitted by the Learned Trial Judge.

(2.) The prosecution case, in short, is that on 23.3.1996 at about 11 A.M. the informant Bikash Chandra Mahato along with his brothers went to cut a "Jore" tree from their own land at village Kelapur. At that time the accused persons being armed with deadly weapons, namely, Tangi, sword, axe, iron rod etc. attacked the informant and his brothers. As a result, Swarupananda Mahato, the brother of the informant sustained severe injury and was shifted to Purulia Sadar Hospital. THE informant and his brother Sudhanshu were treated at Para hospital. It has been stated that the "Jore" tree was standing on plot No. 1175. After completion of investigation the charge sheet was submitted.

(3.) It is submitted that none of the injured persons stated the name of the assailant before the doctor. IT is submitted that the incident took place on 23rd March, 1996 and the injured Swarupananda was examined on 16.5.1996. IT is submitted that not a single independent witness has been examined in this case. Mr. Mukherjee has referred to and cited the decision [Mamfru Chowdhury and Ors. v. King - Emperor, 1924 AIR(Cal) 323].