BHIM HAZRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appeals being CRA 343 of 2021 and CRA 345 of 2019 have been preferred against judgment and order dtd. 16/3/2019 and 18/3/2019 passed by learned Additional Sessions Judge, Kalna, Purba Bardhaman in Sessions Case No. 135 of 2006 (S.T. No. 07 of 2012) convicting the appellants viz. Raju Tudu and Bhim Hazra for commission of offence punishable under Ss. 302/34 of the Indian Penal Code and sentencing them to suffer imprisonment for life and to pay a fine of Rs.5,000.00 each, in default, to suffer simple imprisonment for six months more.

(2.) CRA 345 of 2019 was preferred by both the appellants viz. Raju Tudu and Bhim Hazra. Subsequently, appellant viz. Bhim Hazra preferred another appeal being CRA 343 of 2021. Hence, appeal being CRA 343 of 2021 preferred by appellant viz. Bhim Hazra is dismissed as not maintainable.

(3.) Prosecution case as levelled against the appellants is as follows :-Toton Chandra, the deceased, used to work as a mason under one Ganesh Khatua at Liluah. Appellants along with Palash Santra and Sanjay Das also worked under the same employer. A quarrel ensued amongst them with regard to financial matters. Toton left his employment and returned to the village. Thereafter, Palash threatened Toton with dire consequences. He even went to his house and tried to throttle Toton. On 26/5/2006 around 4:30 P.M. appellants along with Palash Santra and Sanjay Das called Toton to accompany them to a fair held in connection with "Siddheswari puja" at Simlon village. Toton left with Palash, Sanjay and the appellants. Around 8:30-9:00 P.M., villagers saw them dancing near Siddheswari temple. On the next morning, dead body of Toton was recovered beside the PHE pump station at Simlon village. Police came to the spot. Appellants confessed their guilt before the villagers and police.