DIPAK JANA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The challenge in this appeal is to the judgment and order dated 10th August, 2010 passed by the learned Sessions Judge, Purba Medinipore, in Sessions Trial No. 20/June/2008 thereby convicting the appellants under Sections 147/307 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for 2 years and to pay fine of Rs.2,000/- each.

(2.) The judgment has been assailed by the appellants on the following grounds:

(3.) On 14.08.2000, a petition of complaint was filed by Rabindranath Bera in the Court of the Learned Additional Chief Judicial Magistrate, Tamluk, which was referred to Nandakumar Police Station under Section 156(3) of the Code of Criminal Procedure. It was alleged in the said petition of complaint, which was treated as First Information Report subsequently, that on 20.07.2000 at about 9 p.m. when Debendranath Bera came out of his house to ease himself, the appellants along with four others caught hold him and thrown him on public road. The appellants had beaten him up with fists and blows. The testicle and throat of Debendranath was throttled. The appellants and their companions decided to kill Debendranath by pouring acid on him. Appellant Dipak Jana fetched a bottle of acid from his shop and from a distance poured the same on the body of Debendranath. When Debendranath started groaning with pain, appellants and their companions kicked him like a football. Hearing the groaning of Debendranath, the de facto complainant and other people of the locality appeared in the scene and saved Debendranath. They took him to Nandakumar Police Station first of all and got a G.D. Entry recorded. The Officer-in-Charge of the Nandakumar Police Station sent Debendranath to Khejuri Beria Hospital for treatment. Debendranath was admitted and treated there from 20.07.2000 to 02.08.2000. The case was investigated into and in course of investigation, the Investigating Officer of the case collected injury report, discharge certificate, true copy of the G.D. Entry and examined available witnesses. Finally, the Investigating Officer of the case submitted a charge sheet against the appellants and other four persons under Sections 147/323/326/307 of the Indian Penal Code. The learned Trial Court, upon consideration of the materials placed before it, framed charges against all the accused persons including the appellants under Section 147/307 of the Indian Penal Code. The appellants and other co-accused persons pleaded not guilty to the charge and, accordingly, the trial commenced. In course of trial, eight witnesses were examined by the prosecution. The First Information Report, Injury Report, discharge certificate, true copy of G.D. Entry were admitted into evidence and marked exhibits. No witness was examined on behalf of the defence. The learned Trial Court, upon consideration of the evidence on record, oral and documentary, found that the appellants herein, namely, Dipak Jana, Madan Jana, Aravinda Bera and Dilip Jana committed offence punishable under Sections 147 and 307 of the Indian Penal Code and recorded their conviction and sentence, which is impugned in this appeal on the grounds stated earlier.