MRITUNJOY RANA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment and order passed by the Learned Sessions Judge, 3rd Court Medinipur on 26/8/1987 in Session Trial Case No. (v) of January 1986 arising out GR Case No. 744 of 1983 thereby convicting the appellant to undergo rigorous imprisonment for one year for offence punishable u/s 148 of IPC and also to suffer rigorous imprisonment for 5 years for his offence punishable u/s 304 part 2/149 of IPC; both sentences are ordered to run concurrently.

(2.) In a nutshell the prosecution case is that the land owners of village Dherchhara were having some problem over procurement of local agricultural labours as this labours were instigated by the local CPI(M) followers not to serve at the prevailing rate of Rs.5.00 per day. At this the land owners stopped engaging the local labours and started cultivating themselves or by way of appointing outside labours. This enraged the CPI(M) followers to protest against this and decided to loot the paddy cultivated by those land owners. On 20/11/1983 the CPI(M) followers took out a very big procession in that area and the processionists were armed with bow and arrow e.t.c. The processionsits came to the field to loot away the paddy grown by the land owners and kept stocked in the field after cutting the same. As the land owners including Kartik Patra protested against such of act thus the procesionsit they started shooting arrows from their bows; and arrow shoot by the appellant hit on the chest of Kartik Patra and another by arrow short by another processionists namely Khagen Patra hit on the leg of Baren Poyra. Both of them were removed to the hospital. Baren Poyra somehow saved but Kartik Patra was succumbed to his injury on 30/11/1983. Both the injured made statement before the doctor and the statement of Kartik Patra was recorded by the attending physician as dying declaration. The written complaint was filed by one Ajodhya Patra on the basis of which the case was started by the police. After completion of investigation police submitted charge sheet and all the 15 accused persons were charged u/s 148,304/149 and 304(i)/149 of IPC.

(3.) During the trial 13 witnesses were produced by the prosecution to prove the case amongst them most of the witnesses turned hostile. The dying declaration of Kartik Patra was marked as exhibit- 3. Learned sessions Judge, after hearing arguments and after perusing the materials on record acquitted all the accused persons from the case except the appellant. Learned Sessions Judge, is of view that the conviction is only based on dying declaration of deceased Kartik Patra.