(1.) The present appeal has been preferred against the judgment and order of conviction passed by the learned Additional Sessions Judge, 4th Court, Nadia in Sessions trial No. 1 of January, 1995 whereby he convicted the present applicants under section 147, 302 read with section 149 of the Indian Penal Code and sentenced the accused persons to suffer rigorous imprisonment for life and also to pay fine of Rs. 5,000/- each in default to further rigorous imprisonment for one year each. The prosecution case in short, is that on 20.02.1986 one Md. Samsujjoha Mondal submitted a written complaint to the O.C. Tehatta P.S. stating therein that his father Wazed Ali Mondal was an assistant teacher of a primary school of Kulgachhi village and on 20.02.1986 at about 1.00 p.m. while he was taking class of the infant section of the said school, the accused persons along with others entered into the said school and started assaulting his father with lathi, ballam, tangi and as a result of that Wazed Ali Mondal fell down on the ground. The students of the class fled away, being frightened of the incident. The teachers of the said school and others took Wazed Ali Mondal to Palashi Para Hospital where the Medical Officer attended him and thereafter advised that Wazed Ali Mondal should be admitted in the Berhampur Hospital, where in fact he was admitted. Subsequently Wazed expired in the said hospital. On the basis of the said written complaint Tehatta P.S. Case No. 14 dated 20.02.1986 was started against the accused persons. The case was investigated and after completion of the investigation chargesheet was submitted against all the accused persons. Charge was accordingly framed. Same was readover and explained to them and they all pleaded not guilty to the charges and claimed to be tried. In order to establish the charges against the accused persons, prosecution has in all examined 20 witnesses. Accused persons have not adduced any evidence. Defence case as it has transpired from the trend of the cross-examination as well as from the statement as made by the accused persons under section 313 CrPC is that of complete denial and that they have been falsely implicated in this case. According to the defence, no such incident took place, as claimed by the prosecution. We have already pointed out that the accused persons have been charged under sections 147, 302 read with 149 IPC. So it is the duty of the prosecution to prove those charges against the accused persons beyond any reasonable shadow of doubt. Prosecution is bound to prove that the accused persons on that day formed an unlawful assembly and thereafter they assaulted Wazed Ali Mondal and as a result of that he died. We have already pointed out that prosecution in all has examined 20 witnesses to established those charges against the accused persons. So, the evidence as adduced by the prosecution, is most important for our purpose in order to come to a clear decision as to how far the prosecution case has been established against the accused persons. As such, it is necessary to look into the evidence that has been adduced in connection with this case.
(2.) PW 1 is Samsujjoha Mondal. He is the son of the deceased Wazed Ali Mondal and it is he who lodged the FIR. This witness has admitted that he was not present when the alleged incident took place. He has claimed that he heard the incident from the persons who were present at the time of the occurrence. This witness has claimed that he along with others took Wazed first to Palashi Para Hospital from where the patient was referred to Berhampur Hospital. According to this witness he did not go to Berhampur Hospital along with his father and instead he went to Tehatta P.S. from the Palashi Para Hospital and lodged the FIR. He has claimed that he heard the incident from one Monirul.
(3.) PW 2 is Hazarat Mulla. According to this witness, on the date of occurrence at about 12 noon when he was going towards his land, at that time he found that Wazed Ali Mondal was taking class outside the school room and at that time he found that the accused persons assaulted him by iron rod and lathi and as a result of that he fell down on the ground and lost his senses. He has stated that family members of Wazed Ali Mondal took him to the Hospital. He has identified the accused persons during his deposition.