MINATI HALDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Seven appeals have been heard analogously as they emanated out of the same police case.

(2.) Police had registered a First Information Report on January 20, 2019 on the basis of a written complaint of PW 1 of the same date. In his written complaint, PW 1 had alleged that on January 20, 2019 at around 7 AM his father and four other villagers had gone to Kalna to spray insecticide. At around 9 AM when such persons were returning home, at Baruipara, a few persons had detained them out of suspicion. Those persons had requested many others of the locality to come armed with sharp weapons, Iron rod and chopper. On being instigated, they had assaulted his father and the co-villagers. On being assaulted, his father had sustained severe injuries. Thinking that his father had succumbed, the miscreants had left the place of occurrence. When PW 1 had learnt about the assault, he took his father to the Kalna Hospital where he received preliminary treatment. Thereafter, his father was referred to the Burdwan Hospital where he had succumbed to his injuries. PW 1 had come to learn from the local people that his father had been murdered by a sharp weapon and that the companions of his father were injured by iron rod. PW 1 had named 8 persons along with other unnamed persons as the assailants.

(3.) On completion of the investigation, police had submitted a charge sheet. The Court had framed charges against 19 persons under Ss. 341/326/307/302/149 of the Indian Penal Code, 1860 on August 22, 2017.