LAWS(CAL)-2014-2-156

SUSANTA MONDAL Vs. STATE OF WEST BENGAL

Decided On February 21, 2014
SUSANTA MONDAL Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) THE Appellants have been convicted by the Additional Sessions Judge, Fast Track Court II, South 24 -Parganas at Alipore for committing an offence punishable under section 307 read with section 34 and 120B of the Indian Penal Code. They have been sentenced to undergo imprisonment for a period of ten years and to pay a fine of Rs. 5,000/ - each and in default to suffer imprisonment for a further period of one year. The period of detention undergone by the Appellants during the investigation/trial was directed to be set off in terms of section 428 of the Code of Criminal Procedure.

(2.) THE Appellants who are the sons of one Bijoy Mondal, who was also an accused before the Sessions Court and who has been acquitted, have been accused of shooting their uncle, Mrityunjoy Mondal. According to the prosecution, when Mrityunjoy Mondal, who has been examined as P.W.1, was returning home from the market at about 7.45 P.M., the Appellant No.2, Prasanta Mondal, caught hold of him and when he attempted to escape, the Appellant No.1,Susanta Mondal, shot him with his fire arm. He sustained an injury on the right side of his belly, just below his chest. Thereafter, he fled away and reached his house and informed his sister -in -law, Pramila Mondal, P.W. 2, of the incident. He was shifted to the S.S.K.M. Hospital in Calcutta for treatment.

(3.) HE underwent a surgery and was an 'Indoor' patient for 16 days. P.W.1, Mrityunjoy Mondal, who is the injured in this case, has stated in his Examination -in -Chief that the Appellants committed the offence on the instigation of their father, Bijoy Mondal. He has described the manner in which the offence occurred as also the place and time of the occurrence. It has also been brought on record through the cross -examination of this witness that the police seized his clothes, which according to him, were blood -stained. He has conceded that there was a dispute between him and his brother, Bijoy Mondal, regarding property. Prosanta Mondal and Susanta Mondal are the sons of his brother, Bijoy Mondal.