KESHAB NASKAR Vs. STATE

JUDGEMENT

(1.) This appeal was directed against the judgment passed by learned Additional District & Sessions Judge, 13th Court, Alipore, South 24 Paraganas on 15.7.97 convicting accused Keshab Naskar and three other for offence under Section 326/34 IPC and sentencing to suffer R.I. for six years and to pay a fine of Rs. 1500/- each for such offence with default clause.

(2.) In the background of this appeal the prosecution case in a nutshell is that one defacto-complainant Sri Dashupada Mondal lodged a written complaint on 21.7.87 at 9.45 hours before the O.C. Joynagar P.S. to the effect that on 20.8.87 at about 7.00 A.M. while the accused persons tried to cultivate the land forcibly situated by the side of the vegetable garden of the defactocomplainant, his brother's wife Brihaspati Mondal @ Savitri raised protest and the nephew of the defacto-complainant viz. Rabi Mondal and Dulal Mondal sons of Kunti Mondal rushed to the place and then accused Palan Naskar and his sons viz. Shambhu Naskar, Kanai Naskar, Keshab Naskar, Tarak Naskar and Panchanan Naskar and other inmates of their house being armed with lathi and other deadly weapons attacked Rabi, Dulal and Savitri and assaulted them causing bleeding injury to Dulal and Rabi, Savitri also sustained swelling injury. Rabi was sent to Padmerhat Hospital for treatment, Dulal and Savitri were sent to the P.S. where Savitri Mondal lodged a G.D. Entry no. 877 dated 20.8.87. They were referred to Nimpith Hospital for treatment from the Joynagar P.S. But Dulal was referred to N.R.S. Hospital where he succumbed to his injuries.

(3.) On the basis of the written complaint, Joynagar P.S. case no. 14 of 1987 dated 21.8.87 was registered against accused Palan Naskar, Shambhu Naskar, Kanai Naskar, Tarak Naskar, Keshab Naskar and Panchanan Naskar. After investigation the Police submitted charge-sheet against such accused persons Palan Naskar, Shambhu Naskar, Tarak Naskar, Keshab Naskar and Panchanan Naskar. But the accused Kanai Naskar was discharged as he was not sent up by the I.O. Later, the case against Palan Naskar was filed because he died.