DEBABRATA MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) -This appeal is directed against the judgment dated 25.9.1997 passed by the learned Additional Sessions Judge, 13th Court, Alipore, South 24-parganas convicting eleven appellants, namely, Debabrata Mondol, Manabendra Mondol, Khakan Naskar, Kamal Naskar, Santosh Naskar, Bibhuti Naiya, Prasad Naiya, Birupaksha Mondal, Hrishikesh Mondol, Tarun Naskar and Swapan Naiya under sections 302/149, 148 and 448/149 IPC and they were sentenced to suffer imprisonment for life and to pay a fine of Rs. 3,000/- each and in default to suffer R.I. for further one year each in respect of their conviction under section 302/149 IPC. They were also sentenced to lesser terms of imprisonment/fine in respect of their convictions for lesser offences.

(2.) Prosecution case in brief is that P.W. 1 Smt. Kajal Naiya being the mother of two deceased persons, Kartick Naiya and Ganesh Naiya lodged a written complaint before a police officer of Joynagar P. S. when she came to village Maldari. Complaint was addressed to the officer-in-charge of the said police station. It was lodged with the police officer on 5.4.87 at about 11.45 a.m. Said written complaint was then forwarded to the said police station for doing the needful. It was stated to have been forwarded to the police station through C/1988 Santosh Chowdhury (P.W. 7). Said complaint was received at the police station on that very day at about 4.45 p.m. and accordingly, a case/FIR under sections 149/148/448/326/304 IPC was registered.

(3.) It was, inter alia, alleged in the said complaint that on the previous day (4.4.87) at 10 p.m. some 25/30 persons being armed with deadly weapons assembled and trespassed into the Courtyard of the complainant (P.W. 1) and called out the names of two deceased persons, namely, Kartik and Ganesh to come out. They were two sons of the complainant. Then Kartik was in the western-side room and Ganesh was in the verandah. Kartik tried to flee away by making a hole in the thatched roof of his room. However, Kartik could not escape and miscreants caught hold of him and dragged him out of his room and assaulted him. Later on, both were dragged to road in front of their house and were mercilessly assaulted with sticks, spears, choppers, spades and other deadly weapons. Complainant claimed to have recognized sixteen assailants by the moonlight and the light of lantern. She gave a list of 16 assailants appended at the end of her complaint. She further claimed that there were 13/14 other assailants whom she would be able to identify if she could see them again. Except appellant No. 7 Prosad Naiya, other appellants are named in the said list appended at the end of the complaint. All these assailants are stated to be residents of village Maldari. Deceased persons were assaulted due to some misunderstanding arising out of property dispute between them since long.