GANGADHAR RAJOWAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) After being convicted and sentenced in Sessions Trial no. 01 of 2019 arising out of Sessions Case No. 100 of 2018 in connection with Joypur PS Case No. 22/2018 dtd. 22/3/2018 under Sec. 302 of the Indian Penal Code (for short IPC), by the Ld. Additional Sessions Judge, Fast Track Court No. 2, Purulia vide judgment and order dtd. 27/2/2020, the accused persons/appellants have filed an instant Criminal Appeal.

(2.) By the impugned judgment and order, the Ld. Trial Court convicted and sentenced the appellants to undergo imprisonment for life and a fine of Rs.5000.00 each for the offence under Sec. 302 of the IPC and in default payment thereof, the appellant were directed to undergo six (6) months' additional imprisonment.

(3.) The facts as unfolded by the prosecution, in short conspectus, are that a written complaint was handed over to the Inspector in charge Joypur PS by the First Informant, Sri. Haradhan Rajowar (PW-1) on 22/3/2018 stating therein that marriage of his cousin brother was settled with one Upashi Rajowar, the daughter of Budhu Rajwar of village Nutandih but the marriage was cancelled at the instance of bride's family. As a result, their grudge increased upon his cousin brother. On yesterday night dtd. 21/3/2018 at about 8.00 clock at night, Ramprasad Rajowar, the cousin brother of Lankeswar called him (Lankeswar) to set fire on his brick kiln. There, Gangadhar Rajwar (A-1) and his brother Abhiram Rajowar (A-2) assaulted Lankeswar Rajwar on his head with a segment of timber to kill him. As a result of which, Lankeswar Rajowar sustained severe injury on his head and leg and became senseless on the spot. At about 02.00 a.m. at night, after getting information from Ramprasad (PW-2), Nabin Rajowar (PW-5), the elder brother of Lankeswar reached that place along with other persons and rescued Lankeswar and took him to Joypur Hospital for treatment and thereafter he was shifted to Ranchi Hospital and he ultimately died on 24/3/2018. i.e after lodgment of First Information Report.