BADAL GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal directed against the judgement passed by Ld. Additional District and Sessions judge, 1st Court, Bankur and Special Court under Schedule Caste and Scheduled Tribe (prevention of Atrocities) Act (for short S.C S.T (POA) whereby, Ld Judge convicted appellants Badal Ghosh and Sristidhar Ghosh for the offence under Sec. 302 Indian Penal Code (for short IPC) by an order dtd. 28/1/2018 and sentenced them to suffer rigorous imprisonment for life for the offence punishable under Sec. 302 IPC also to pay fine of Rs.50,000.00 in default to suffer further rigorous imprisonment for six (6) months. But, 13 accused persons were found not guilty of the charge under Ss. 148/302/149 of IPC read with Sec. 3(i) (ii) of the S.C & S.T (POA) Act and they were acquitted.

(2.) One Basudeb Digar son of late Ratan Digar, a resident of village Bhirbandi lodged a written complaint before officer in charge of Indus PS, Bankura to the effect that on 9/12/1997 at about 5 p.m. 26 accused persons and many others armed with weapons like gun, tangi, spear came for Bhurbandi village and threatened Basuded to withdraw Bihsnu MP Case No. 374 of 1997 otherwise he would be killed. Those accused person assaulted Gopal Digar Abhiram Dhara. One of the injured namely Abhiram Dhara was dragged to the house of Badal Ghosh.

(3.) On receipt of the written complaint this case was registered being no. 37/97 dtd. 9/12/1997 for the offence under Sec. 147/148/149/323/325/326/307 of the Indian penal Code. Prosecution witness no. 14 (Aloke Kumar Mitra) took up investigation of this case. Formal FIR was drawn up. During investigation he visited place of occurrence (for short PO) and prepared rough sketch map with index (exhibit-9). Interregnum, both the injured succumbed to their injuries at Burdwan Hospital for which Burwan PS UD Case No. 895 of 1997 and Burdwan PS UD Case No. 902/ 1997 were started. During investigation he collected injury report from Indus BPHC and recorded statement of available witnesses under Sec. 161 of the Criminal Procedure Code (for short Cr.P.C.). After completion of investigation charge sheet was filed against 21 accused persons under Sec. 147/148/149/302 of the IPC read with Sec. 3 (i) (ii) of the S.C S.T (POA) Act.