KALA @ KISHORE GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Both these two appeals are being disposed of by this Common judgement as they are directed against same judgement of conviction and sentence passed by the Trial Court.However,it needs to be mentioned here that Criminal Appeal No.228/90 against same judgement has already been disposed of as it has abated due to death of the appellant Betia alias Nagendra Poddar who expired while serving out the sentence of life imprisonment passed against him and,therefore,we are not concerned with this Criminal Appeal No.228/90 in this judgement.

(2.) The Criminal Appeal No.162/90 preferred by Kala alias Kishore Ghosh and Criminal Appeal No.244/90 preferred by appellant Nepali alias Uttarr. Mahato alias Udma and Narayan alias Narayan Saha are directed against the judgement dated 20.3.90 passed by the City Sessions Court, 11th Bench,Calcutta in Sessions Case No.48 of 1988 convicting all these appellant: including the deceased appellant Betia under sections 302/34 I.P.C and sentencing them thereunder to suffer imprisonment for life.

(3.) The prosecution case in brief is that on 29.2.88 at about 19.00 hours are F.I.R. was registered under sections 302/34 I.P.C.on the basis of oral complaint lodged by P.W.4 Madan Paramanick alleging,inter alia,that on that day during noon time said P.W.4 alongwith Bhodu(since deceased),P.W.5 Dilu and P.W. 6 Pochu were gossiping at Haritukibagan Lane near the crossing of Vivekananda Road, and Haritukibagan Lane.At that time the deceased Bhodu and Dilu were sitting on a small verandah(locally called roak) on the eastern side of the Sweet. meat Shop of Rabindra Ash at 49,Haritukibagan Lane. P.W.4 himself was sitting on a small stool there and Pochu(P.W.6) was standing nearby.While they were so gossiping at about 1.40p.m/1.50p.m.,suddenly the appellants Narayan Betia,Nepali and three others appeared there using filthy language against the deceased Bhodu.The appellant Narayan had a long knife in his hand.Appellant Nepali had a cobbler's knife and one of the three unknown persons who accompanied the aforesaid appellant had a razor in his hand. Immediately after that one of those unknown three persons caught hold of Bhodu being the deceased and simultaneously appellants Narayan,Nepal and the unknown person with razor started assaulting the deceased while appellant Betia and two other unknown persons threatened the deceased not to run away.Being scared P.W.4 and others who were gossiping with the deceased,as already stated above,fled from that place and ran towards Vivekananda Road.Later on P.W.4 being the informant came to learn that the deceased Bhodu being seriously injured fell down on the passage in front of his house and from there deceased was removed to Medical College and Hospital by P.W.9 Lakshmi and at the hospital deceased was declared dead.P.W.4 further stated in his oral complaint that he saw Narayan, Betia and Nepal alongwith those three unknown persons in front of 'Chaya'cinema hall on several occasions.He further claimed that he would be able to recognise those three unknown persons who took part in this incident alongwith other accused persons if he could see them.It needs to be mentioned here that S.I.,S.Ahmed came to the place of occurrence pursuant to a telephonic information received at the P.S.before whom P.W.4 lodged this oral complaint which was reduced into writing and signature of P.W.4 was obtained thereon and thereafter at about ' p.m. on the very same day said oral complaint was registered as an F.I.R. a the police station under sections 302/34 I.P.C.