EBADAT MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence passed by learned Additional Sessions Judge, 3rd Court, Barasat, 24 Parganas (North) in Sessions Trial No. 2(11) 90 sentencing thereby the appellants to suffer R.I. for life and to pay fine of Rs.1,000/- each in default to suffer R.I. for six months under Section 302/149 I.P.C. The learned Judge also sentenced the appellants to suffer R.I. for one year each under Section 323/149 I.P.C. and to suffer R.I. for one year each under Section 148 I.P.C.

(2.) The prosecution case, in short, is that one Jinat Ali Mondal lodged complaint with the O.C. Habra P.S. alleging that on 01.01.1988 at about 1.30 P.M. he heard a hue and cry from the north-west corner of his house and after coming out, saw that his cousins Abu Shyam Mondal, Ebadat Mondal, Saheb Ali Mondal and Sahadat Mondal, all sons of Suklal Mondal and one Sahidul Mondal son of Abu Shyam Mondal were running with lathi, spear, chain, iron rod etc. At that time Majbur Rahaman and Mahbur Rahaman, Habibur Rahaman were coming with packs of paddy on their heads from the field. When they reached near Paschim Bagan graveyard, Sahadat suddenly pulled down the pack of paddy from the head of Majbur. On this, Habibur had altercation with Ebadat. The informant tried to stop them. Saheb Ali hit the informant on the head above the left ear. Sahadat hit on the chest of the Majbur with a spear. Ebadat assaulted Habibur with ballam . Saheb Ali hit Habibur on the head with an iron rod. Abu Shyam and Sahidul rushed towards Habibur and Mahabur with the iron chain and rod in their hands. Many persons assembled there. Majbur died on way to hospital.

(3.) It has also been alleged that the informant has 31 decimals in plot No. 623/1711. On the year of occurrence Matiur cultivated paddy in 2/3 portion of this land. Abu Shyam cultivated paddy in 1/3rd portion of the land and both of them reaped the paddy as per their shares and kept the same in the field 2/3 days ago. On the date of occurrence Abu Shyam and his brothers took away their own shares of paddy and the share of Matiur Rahaman. The incident took place when Majbur, Mahabur and Habibur were taking their own shares of paddy from the field.