ANIL MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Both the Criminal Appeal No. 65 of 1988 and the Government Appeal No. 14 of 1988 are directed against a judgment dated 21 January, 1988 passed by the learned Additional Session Judge, Nadia, 1st Court Krishnagar, in Sessions Trial No. 2 of January, 1987 corresponding to Sessions Case No. 23 of November, 1983 (State v. Anil Haldar and five Ors.) by which the learned Trial Court acquitted the accused persons of the charge under Section 120B of Indian Penal Code; the accused Souren Biswas was found not guilty of the offence under Section 302 read with Section 34 of the Indian Penal Code but the rest of the five accused persons were convicted of the said offence. After hearing the convicts he sentenced the convicts to imprisonment for life as also to pay fine of Rs. 1000/- each in default to suffer further rigorous imprisonment for three months. The State preferred the GA No. 65 of 1988 against the order of acquittal of the accused Souren Biswas as also acquittal of the accused persons under Section 120B of the Indian Penal Code. The convicts have preferred Criminal Appeal No. 65 of 1988 challenging the conviction and the sentence by the order dated 21st January 1988. There are thus two several appeals against the same judgment and order. Briefly stated the facts and circumstances of the case are as follows:

(2.) The prosecution examined 12 witnesses. The de facto complainant Paban is P.W. 2 and Sujoy is P.W. 5 they are the eyewitnesses. P.Ws. 3, 4, 6, 7 and 8 reached the place of occurrence after the assailants had escaped. The P.W. 3 Nityananda, P.W. 4 Ratan, P.W. 6 Vakta, P.W. 7 Sribas and the P.W. 8 a daughter of the deceased have all confirmed in their deposition that P.W. 2 and P.W. 5 were present whey they reached the place of occurrence and found the victim dead. As regards the act of murderous assault evidence of the P.W. 2 is as follows:

(3.) P.W. 5 Sujoy in that regard deposed as follows: