DILIP DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dtd. 11/12/2015 and 15/12/2015 passed by the learned Additional District and Sessions Judge, Fast Tract, 1st Court, Alipore, South 24-Paraganas, in Sessions Trial No. 2(11) 2008 arising out of Sessions Case No. 35(8) 2008 convicting the appellants under Sec. 302/34 and 324/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for life and pay a fine of Rs.10,000.00 each, in default, to suffer rigorous imprisonment for two years more for the offence punishable under sec. 302/34 of the Indian Penal Code and to suffer simple imprisonment for three years and pay a fine of Rs.2,000.00 each, in default, to suffer simple imprisonment for six months more for the offence punishable under sec. 324/34 of the Indian Penal Code; both the sentences to run concurrently.

(2.) Prosecution case as alleged against the appellants is to the effect that on 22/4/2008 around 11.30 pm the appellants assaulted one Parvez Alam @ Rajesh (P.W. 6) at Tarikhana More on Tiljala Road. Ashok Roy (the deceased) intervened. Thereafter, the appellants assaulted Ashok Roy. As a result of assault, Ashok sustained severe injuries and fell down at the spot. Parvez Alam @ Rajesh (P.W. 6) was also injured and fled away from the spot. He was treated by Dr. Sonali Dutta (P.W. 16). Sankar Roy (P.W. 4) and Rajesh Roy (P.W. 5) saw the incident. They informed the family members of Ashok. Asim Kumar Majumdar (P.W. 13) a police officer attached to Tiljala Police Station, on receiving telephonic information arrived at the spot. He removed Ashok to the Chittaranjan Hospital where he was declared dead. Post-mortem was held over the body of the deceased. Written complaint was lodged by Deb Kumar Roy (P.W. 1), brother of Ashok resulting in registration of Tiljala P.S. case no.139/08 under Sec. 302, 326, 34 read with sec. 25, 27 of the Arms Act against Dilip Das, Sanjay Das, Santosh Kumar, Basudeb and others. In course of investigation, appellants were arrested by I.O. P.W. 17. On the statement of Dilip Das two iron rod, one bamboo, two wooden battam were recovered. On the leading statement of Ajay Das one country made pipe gun and one round of .303 ammunition were recovered. Post- mortem report was collected. I.O. submitted charge-sheet showing Sanjay Das had absconded. Charges were framed against the appellants and one Santosh and Basudeb under Sec. 302/34 and 307/34 of the Indian Penal Code. Upon arrest of Sanjay Das similar charges were also framed against him. In the course of trial, prosecution examined 17 witnesses and exhibited a number of documents.

(3.) In conclusion of trial, the trial Judge by impugned judgment and order convicted and sentenced the appellants, as aforesaid. Santosh and Basudeb were acquitted of the charges leveled against them. Hence, the present appeal.