GANGADHAR SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The hearing stems from an appeal preferred against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, 5th Court, Midnapore in S. T. Case No. XVI of January, 1993 on 25.02.1994.

(2.) Shortly put, the Prosecution case is that over the issue of catching fish from a tank on the previous day i.e. 03.02.1992, the accused persons at the instance of one Phani Bhusan Taldi & Chittaranjan Das confined Ashim Das of village Alash and snatched away Rs. 1,500/- and a Hero cycle from him on 04.02.2002. At about 3.00 p.m. on that date (04.02.1992) they being armed with arrows, bows, tangies, spears etc. abused Binode Behari Makurh, Gangadhar Ghorai, Susanta Makur, Kanailal Jana, Santosh Makur and Radhagobinda Das of village Alash filthily and attacked them resulting in death of Binode Behari Makurh and Gangadhar Ghoari on the spot due to assault and injuries of other persons who are under treatment at Midnapore Sadar Hospital and Keshiary Primary Health Centre. Hence, all the 10 accused persons were charged under sub-sections 148, 302/149, 307/149, 324/149, 379/149 Indian Penal Code and in addition separate charge was framed under section 411 Indian Penal Code against accused Jadu Singh, against whom the case was abated due to his death during pendency of the trial.

(3.) The defence cases, as suggested to P.Ws., as contended by the accused persons during their examination under section 313 Cr. PC and as deposed by D.Ws. 2 to 4, is that no such incident took place on 4.2.1992. The accused persons all along used to possess the Kapsia Tank and inhabitants of the Adibasi village used the water of the said tank and make pisciculture there although. On 03.02.1992 over the issue of distribution of fish and forcible possession of the said tank, the defacto-complainant and his men being armed with deadly weapons were aggressors, and there was a fight between them and villagers when they assaulted Biswanath Singh and Marang Singh resulting in their severe injuries and hospitalisation in Keshiary Hospital. In the said fight in darkness the defacto-complainant and his men used weapons indiscriminately resulting in death of those two persons and injuries of others. At the time of incident, accused Madan Singh was away to his place of service in the district of Howrah and accused Ram Charan Barik went to the house of his father-in-law at Keshiary on Sunday - the 18th Magh with rice and came back after two days on Tuesday. The present case is the outcome of conspiracy of the inhabitants of Bangales Para, some police officers and witnesses in order to grab the Kapsia Tank forcibly and the accused persons have been falsely implicated in this case out of political rivalry.