SADHAN GHOSH Vs. STATE

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and order of conviction passed by the learned Additional Sessions Judge, Kalna within the District of Burdwan in Sessions Trial No. 4 of 2000 whereby he convicted the accused persons under section 302/34 IPC and sentenced them to suffer imprisonment for life and also to pay fine of Rs. 5,000/- each in default to suffer further imprisonment for six months.

(2.) It appears from the lower Court Record that prosecution case is that on 10.03.1998 one Prabir Kumar Dey of village Pukushpur within P.S. Purbasthali submitted a written complaint to the O.C. concerned stating therein that on 09.03.1998 at about 8.30/9 p.m. his neighbours Sadhan Ghosh, Madan Ghosh and Ashok Ghosh chased his brother Ganesh Dey with sharp weapons in their hands from the western side of their house. Sadhan and Madan had two sharp weapons in their hands and Ashok had a Bhojali and a bamboo stick in his right and left hand respectively. They chased Ganesh towards Harirjole and seeing that he followed them. Those persons caught hold of Ganesh Dey near Harirjole and they started assaulting Ganesh recklessly with the sharp weapons in their hands. As a result of that Ganesh fell on the ground with bleeding injuries on his person. The miscreants suddenly noticed the defacto complainant and as such they started chasing him. Out of fear, the defacto complainant fled away and he kept himself hidden elsewhere through out the night. On the next day i.e. on 10.03.98 at about 6 a.m. the defacto complainant returned back to his house and narrated the incident to his family members. Thereafter, being accompanied by his brothers, sisters as well as parents, the defacto complainant went to Harirjole field and reaching there they found that the dead body of Ganesh was lying there. They also found that Ganesh had bleeding injuries all over his body caused by sharp weapons. In the written complaint it has been stated that the deceased Ganesh Chandra Dey had an illicit affairs with the wife of Sadhan Ghosh. Due to that, there was an enimity in between Ganesh and Sadhan and on many occasions Sadhan threatened to murder Ganesh. The defacto complainant believed that out of the said grudge that deceased was murdered by the accused persons. On the basis of the written complaint Purbasthali P.S. case No. 20/98 dated 10.03.1998 was started. The case was investigated and after completion of the investigation chargesheet was submitted against the accused persons. During trial charge under section 302/34 of the IPC was framed against the accused persons. Same was readover and explained to them who all pleaded not guilty to the charge and claimed to be tried. Prosecution in all has examined 11 witnesses to bring home the charge against the accused persons. Defence has not adduced any evidence. Defence case, as it has transpired from the trend of cross-examination as well as from the statements made by the accused persons under section 313 Cr.PC, is that of denial.

(3.) We have already pointed out that it is the case of the prosecution that out of previous grudge the present accused persons caused the murder of the deceased Ganesh Chandra Dey. So it is the duty of the prosecution to prove this claim beyond any reasonable doubt against the accused persons. We have also mentioned that altogether 11 witnesses have been examined in connection with this case. So the statements as made by these witnesses are very much relevant for the purpose of coming to a decision so far as the present case is concerned. So we like to discuss the statements at the outset.