HARADHAN SEN AND ETC. Vs. THE STATE

JUDGEMENT

(1.) The nine accused persons, namely 1) Nemai Ghatwal, 2) Sukul Ghatwal, 3) Dulal Ghatwal, 4) Mangla, 5) Samru Ghatwal, 6) Haradhan Sen @ Hara, 7) Prasanta Kumar Roy, 8) Surya Kanta Sen, 9) Kazimat Mia faced a trial under Sections 148, 149/159, 149/302, 149/380 of the Indian Penal Code, but seven of them were acquitted, and Haradhan Sen and Nemai Ghatwal were found guilty and both of them were sentenced to suffer rigorous imprisonment for life and also to pay a fine of Rs. 2,000/- each, in default, to suffer rigorous imprisonment for six months under Section 302/149 of the I.P.C. However no separate sentence was imposed for the offences under sections 148, 380 and 459 of the I.P.C.

(2.) Against the said judgment of conviction and sentence dated 9.7.98 passed by the learned Judge, Special Court-cum Additional Sessions Judge of Burdwan, Haradhan Sen filed C.R.A. No. 212 of 1998 and Nemai Ghatwal filed another jail appeal which was registered as C.R.A. No. 343 of 1998 Mr. R. Biswas learned Advocate was appointed from the State panel to appear on behalf of the appellant Nemai Ghatwal.

(3.) Prosecution case in brief is that in the night of 00.30 hours of 14.9.94 14/15 miscreants attacked the house of Dibakar Pabi at village Kishore Kana within P. S. Galshi, District Burdwan, blasted bombs, broke open the front door and entered inside the house which was ransacked, certain articles were stolen and the two sons of Dibakar Pabi, namely, Tapas Pabi and Arup Pabi were seriously assaulted for which they were taken to Kulgaria Chati Primary Health Centre and thereafter to Burdwan Medical College and Hospital where both the injured were declared dead. Thereafter Dibakar Pabi handed over a written complaint to the police officers at about 6.15 a.m. on the same day (14.9.94) and the said complaint was treated an F.I.R. and Galshi P. S. case No. 140/94 dated 14.9.94 was registered at 7.35 a.m.