LAKSHMI MISHRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgement and order dtd. 28/1/2015 and 29/1/2015 passed by the learned Additional District and Sessions Judge, F.T.C. 2nd Court, Alipore in Sessions Case No.2(12)09 convicting the appellant for commission of offence punishable under Sec. 302/34 of the Indian Penal Code and sentencing her to suffer rigorous imprisonment for life and to pay fine of Rs.5,000.00 in default to suffer imprisonment for five months more.

(2.) It has been argued that the first information report in the instant case has not been proved. Scribe of the first information report, Mr. Jayanta Banerjee, has not been examined. Hence, apart from the signature of the informant (P.W. 1) the contents of the FIR have not been proved.

(3.) Thus, to prove a charge under Sec. 302 read with Sec. 34 of the Indian Penal Code, it is not necessary to establish that each and every accused has assaulted the deceased. To show the accused persons shared common intention to murder, it would be sufficient if the prosecution establishes pre-concert, presence and participation of the accused persons in the murder. Evidence on record shows that there was a quarrel between two groups in the afternoon of the fateful day. Pursuant to such quarrel the accused persons assembled with arms in front of the house of the deceased. They appear to be armed with deadly weapons. When the deceased protested the appellant and others held the deceased assaulted him with sharp cutting weapons on various parts of the body. Medical evidence shows that the injuries were grave and were on the vital parts of the body viz. chest and abdomen. In fact, the abdominal injury was so severe that the intestine came out from the rupture of the abdominal wall.