LAKSHI RAM HEMBRAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appellant being aggrieved by his conviction under Ss. 341/302 of the Indian Penal Code and sentence of rigorous imprisonment for life and fine of Rs.5,000.00, in default, to suffer rigorous imprisonment for 30 days more for the offence punishable under Sec. 302 IPC and simple imprisonment for one month for the offence punishable under Sec. 341 IPC has appealed before this court.

(2.) The prosecution case as alleged against the appellant is to the effect that on 19/1/2012 around 11:00 A.M., there was an altercation between the appellant and one Manik Hembram (PW 1) over drawing water for irrigation through a pump. Quarrel ensued between them. Thereafter, PW 1 left for his residence. Subsequently, on the fateful day i.e., 21/1/2021 at 2:00 P.M. the appellant again threatened PW 1. In the evening around 05:45 P.M. while the deceased namely, Gangaram Hembram, father of PW 1 was going on a bicycle to Sangrampur market, appellant dragged him down from his bicycle near Kasundipara Adibasi Aleka Gaota club. Thereafter, the appellant and others mercilessly beat Gangaram with a hasuli. He expired at the spot.

(3.) FIR was lodged by PW1 resulting in registration of Polba Police Station Case No.09 of 2012 dtd. 21/1/2012 under Ss. 341/302/34 IPC against the appellant and unknown others. In course of investigation, the appellant was arrested and on his leading statement the weapon of assault namely, hasuli was recovered. In conclusion of investigation, charge-sheet was filed against the appellant and eleven others. Charges were framed under Ss. 341/302/34 of the Indian Penal Code. In the course of trial, prosecution examined 15 witnesses and exhibited a number of documents. The defence of the accused persons was one of innocence and false implication. In conclusion of trial, the trial Judge by the impugned judgment and order dtd. 26/8/2019/28/8/2019 while convicting and sentencing the appellant, as aforesaid, acquitted other accused persons of the charges levelled against them.