RAMJI SONKAR Vs. STATE OF W B

JUDGEMENT

(1.) The hearing stems from an appeal preferred by the convicts Ramji Sonkar, Laljl Sonkar and Sura] Sonkar against the judgrnent and order of conviction and sentence passed by Sri S. K. Cangopadhyay, ld. Sessions Judge, 11th Bench of City Sessions Court at Calcutta in Sessions Case No. 2/1994 (S.T. 1/ June/1904) on 28-5-1999.

(2.) The miniaturised version of the prosecution is that on 31-1-1991 at about 10.30 a.m. when the defacto-complainant was taking tea at the corner of Nawab Lane and Maharshi Debendra Road, he found accused Ramji Sonkar, Lalji Sonkar and Suraj Sonkar talking in a high offensive tone with Jharnalal Sonkar over the issue of some money. After a while, Lalji and Suraj disappeared and came back soon with long knife and chopper. Laljl made over a long knife (sword) to Ramji. Oh seeing it Jharnalal started running towards south along Maharshi Debendra Road, and in front of Corporation Office they nabbed Jharnalal and started assaulting him resulting in his fall on the road when Ramji pushed a long knife on the back. A police constable, Jha by title, appeared there and caught Ramji red handed with a long knife. Jharnalal was removed to Sri Bisudhananda Hospital and from there to S.S.K.M. Hospital where he succumbed to injuries at about 6.00 a.m. on 1-2-1991. Hence, all the three accused persons were charged u/S. 302/34, I.P.C.

(3.) The defence case, as suggested to P.Ws. and as contended by the accused persons during their examination u/S. 313., Cr. P. C., is that no such incident took place and they have been falsely implicated in this case.