NANDADULAL GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Both these appeals are directed against the judgment of conviction dtd. 11/2/2020 and order of sentence dtd. 12/2/2020 passed by learned Sessions Judge, Pashcim Medinipur, in Sessions Trial No. 9 of April 2017 convicting the appellants under Sec. 302/341/34 of the Indian Penal Code. The two appeals are taken up together as they emanate from one and the same judgment and order.

(2.) One Shymal Ghosh, a resident of Korongapote within Anandapur police station lodged a written complaint on September 03, 2012 alleging, inter alia, that his father Purna Chandra Ghosh was returning from the fields in the afternoon at about 04.30 p.m. At that time, the de facto complainant could see that his third paternal uncle Anand Mohon Ghosh, his wife Parbati Ghosh, their daughter Smapti Ghosh, second paternal uncle of the de facto complainant Nanda Dulal Ghosh and his wife Pushparani Ghosh grabbed his father at a little distance from his house with a plan to kill him. The de facto complainant rushed there and saw that all the aforesaid persons were inflicting torture upon his father in different ways. Uncle of de facto complainant Ananda Mohan Ghosh and his daughter Smapti Ghosh were shouting for killing the stupid (sala) completely. The de-facto complainant also stated that Ananada Mohan Ghosh, Parbati Ghosh, Smapti Ghosh were assaulting his father by axe near the neck and head of his father causing severe bleeding injuries. On alarm being raised by the de-facto complainant, local people started assembling. Seeing this, the aforesaid persons fled away leaving the father of the de facto complainant. With the help of local people, the father of de facto complainant was taken to Medinipur hospital with bleeding injuries where he was declared dead. It was also stated by the de facto complainant that Anando Mohon Ghosh, Parbati Ghosh, Smapti Ghosh, Nannda Dulal Ghosh and Pushpa Rani Ghosh killed father of the de facto complainant Purnachndra Ghosh on account of the family disputes.

(3.) On the basis of such written complaint, Anandapur Police Station Case No. 70 of 2016 dtd. 29/11/2016 under Sec. 341/302/120B/34 of the Indian Penal Code was started against the accused persons including the appellants.