KANAI DOLUI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is against the judgment and order dtd. 21/2/2004 passed by the Learned Additional Sessions Judge, 1st Fast Track Court, Midnapur, in Sessions Trial Case No. 55, November, 1998, convicting the appellant no. 1 Kanai to suffer simple Imprisonment for two years and to pay a fine of Rupees 3,000/- in default S.I. for three months for offence under Sec. 324 I.P.C. and for the offence under Sec. 114/304 part II, simple imprisonment for seven years and to pay a fine of Rupees 10,000/- in default S.I. for 1 year. The appellant no. 2 Krishna has been sentenced to simple imprisonment for seven years for the offence punishable under Sec. 114/304 part-II of the Indian Penal Code and a fine of Rupees 10,000/- in default to suffer S.I. for 1 year, 75% of fine amount would go to the family of deceased. All the appellants have been sentenced to two years simple imprisonment and a fine of Rupees 2,000/-each, in default to suffer S.I. for two months for the offence under Sec. 148 of the Indian Penal Code.

(2.) The appeal is on the grounds that judgment and order of conviction and sentence is bad in law and against the evidence on record and is liable to be set aside. That the learned Trial Judge did not consider the defence case in its proper perspective and caused serious prejudice to the appellant which has resulted in gross miscarriage of justice. The judgment and order under appeal is based on the evidence on interested witnesses. That there has been a land dispute between parties and as such the chance of the appellant being falsely implicated is very high. That the accused persons also suffered injuries wherein the complainant and others entered the premises of the appellant/convicts. There is contradictions between the witnesses in their evidence before the Trial Court and that the entire trial before the Trial Court not being in accordance with law, the judgment and order of conviction and sentence under appeal is liable to be set aside.

(3.) Prosecution case