SUNIL MURMU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is preferred against judgment and order of conviction dtd. 29/4/2014 and 30/4/2014 passed by Learned Additional District and Sessions Judge, 1st Court, Purulia in Sessions Trial no. 22 of 2013 arising out of Sessions Trial No. 139 of 2013 convicting the appellants under Ss. 323/302/34 of the Indian Penal Code (for short IPC) and sentencing them to suffer imprisonment for life and to pay a fine of Rs.10,000.00 each in default to undergo simple imprisonment for six months more.

(2.) The prosecution case originated from a complaint dtd. 19/2/2013 wherein the complainant Surajmani Mandi stated at about 6 pm. the appellant Lalmohan Murmu, the husband of her sister-in-law and his elder brother appellant Sunil Murmu @ Vicku Deshmal of village and P.S Belpahari had come to their house. After some time the aforesaid appellants quarrelled with her father-in-law and assaulted him with a "Lathi". They were intercepted by her "Pisisasuri" (Aunt-in-law) who had come to their house and prevented the appellants from assaulting. The appellants thereafter assaulted the Aunt-in-law on her head and other parts of the body with the "Lathi" who fell on the ground bleeding profusely and died instantly. The appellants fled from their house. The commotion caused the local people to rush to their house. The father-in-law was taken to the hospital along with her. She accordingly sought for necessary action to be taken against the guilty persons.

(3.) Based on the written complaint Bandowan P.S. case No. 04 of 2013 dtd. 19/2/2013 under Ss. 323, 325, 302, 304 of the IPC was instituted. A formal FIR was registered against the appellants Sunil Murmu and Lalmohan Murmu and the investigation was initiated and a chargesheet being no. 08 of 2013 dtd. 9/4/2013 was submitted under Ss. 323/302/34 IPC to which the appellant pleaded not guilty and claimed to be tried.