SHEW KR RAI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These eleven appeals has been directed against the judgment and order of conviction dated 22-7-99 passed by Additional Sessions Judge, 3rd Court, Nadia at Krishnagore by which the learned Judge convicted all the 10 accused/appellants under Section 396 and 120-B of IPC. In addition to that accused/appellants Shew Kumar Rai, Debasis Khan, Khokan Kunar were also convicted Under Sec. 326, IPC and accused/appellants Tarun Bhattacharjee, Probir Samanta, Debnath Das and Prosanta Dey were convicted Under Sec. 412, IPC. On their conviction, accused/appellants Shew Kumar Rai, Khokan Konar and Debasis Khan were sentenced to death. Apart from the death sentence, the aforesaid accused/appellants were also sentenced to a fine of Rs. 75,000/- each. Subject to confirmation by this Court under S.366(1) of the Cr. P.C. other accused/appellants who were convicted as aforesaid were sentenced to imprisonment for life with a fine of Rs. 50,000/- each in default to suffer R.I. for another five years. Being aggrieved by the order and sentence passed by the learned Additional Sessions Judge, the accused/appellants filed in all eleven appeals. Amongst the accused/appellant Khokan Konar filed two appeals, namely, Crl. Appeal No. 227/99, 267/99 and accused/appellant Debasis Khan also filed two appeals, namely, Crl. Appeal Nos. 228/99, 258/99. These appeals, which have arisen from the common order and judgment of conviction along with death Reference No. 2/99 in connection with the death sentence of the aforesaid three accused/appellants have been heard together and the death reference and the appeals will be disposed of by the present judgment.

(2.) P.W. 1 Anwar Mallick lodged the FIR on 4-5-98 in the morning, alleging that on that day at about 9.30 a.m. when he was proceeding towards Naki Gram along the National Highway (N.H. 34) he found a dead body of an unknown person with injuries lying by the side of the highway in between village Singhati and Naki. Subsequently, he also came to know that another person with injuries on throat had been admitted at Saktinagar Hospital with serious condition. On the basis of such FIR police started the case under Section 302, IPC and on completion of the investigation submitted C.S. against all the accused/appellants under Section 396/412/120-B, IPC. Subsequently, the learned Additional Sessions Judge raised charge under Section 120-B/396.326 and 412, IPC against all the ten accused/appellants. Thereafter, on the basis of the evidence on record, the learned Judge convicted the accused/appellants and sentenced them as aforesaid.

(3.) The only point for our consideration in the present appeal is whether the learned trial Court is justified in convicting the accused/appellants under the aforesaid provisions of Indian Penal Code and also in recording the sentence as seen above?