KALACHAND GORAI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellants have laid a challenge to their conviction and sentence passed by the Learned Sessions Judge, Purulia in Sessions Trial No.4 of 2003 ( Sessions Case No.24 of 1989) decided on 27th March, 2003 whereby they have been sentenced to undergo Rigorous Imprisonment for life each for commission of offence under Section 302 of the Indian Penal Code read with Section 34 IPC and in addition, appellant Ghanu @ Kalachand Gorai has also been sentenced to suffer Rigorous Imprisonment for 2 years for commission of offence under Section 324 of the Indian Penal Code. However, the sentences of the said convict Kalachand Gorai would run consecutively.

(2.) Factual matrix giving rise to the prosecution case is that on the Sankranti Day (last day of the month) of the month of Sravan the accused Ghanu @ Kalachand Gorai disclosed that he had been influenced by the Goddess "Ma Manasa" and he declared himself as "Ma Manasa". Kalachand asked the villagers to sing 'Jant' (song of 'Ma Manasa') but they refused to sing 'Jant' on that day. However, they assured that they would sing 'Jant' on 1st Bhadra to which Kalachand agreed. Accordingly, 'Jant' was sung in the night of 1st Bhadra. On 2nd Bhadra Kalachand called the villagers and asked the father of the de-facto complainant Shaktipada Gorai to become 'Malik'. Shaktipada's father refused to become 'Malik' and suggested to select Sasthi Gorai as the 'Malik'. At that Kalachand threatened giving out that he was the Goddess 'Ma Manasa' and he cursed the father of the de-facto complainant who then agreed to be 'Malik'. Then Shaktipada's father asked Kalachand to show "Bahan" of 'Ma Manasa' and Kalachand told that he would show the "Bahan" on the next day but he failed. Thereafter, on the following Sunday Kalachand performed 'Mansa Puja' in the house of Jiten Gorai. Thereafter, on 23.08.1983 which was Tuesday 'Manasa Puja' was arranged by Kalachand in the house of Sasthi Gorai. He had purchased Portraits of different Gods and Goddesses, Puja articles and musical instruments and kept those articles in that room. From 7 P.M. he began to perform "Manasa Puja" and called the villagers stating that he would show the power of "Manasa". The de-facto complainant Shaktipada Gorai, his parents, his elder brother Biswanath and his brothers' wives went to that place. Villagers Kanai Gorai, Binata Gorai, Paltan Gorai and others also went to that place. One lantern and one lamp were burning on the floor and one burning lamp was affixed on the wall. With such lights everything of the room was visible. Kalachand, Jiten, Sankar, Sasthi, Arun and his wife, Falu Gorai, Dolu Gorai, Pagal Gorai, Mihir Gorai, Anil Gorai, Lalit Gorai, Subhash Gorai, Bishnu Gorai, Dhanapati Gorai, Bijoy Gorai and Shakti Gorai were there. Some persons were taking the puja articles inside the room and were going outside. Song of "Ma Manasa" was going on. At that time Kalachand called Kamala and informed her that she had been influenced by the witch and began to assault her with fist and blows. Mother of Shaktipada raised protest. Kalachand treated her in the same fashion like Kamala and also started assaulting her. When Durjodhanh Gorai, father of Shaktipada raised protest, Jiten had supplied one Axe to Kalachand and Kalachand had struck on the head of Durjodhanh with that axe causing bleeding injuries. Bharat Gorai, Satrughna Gorai and Kalebar Gorai lifted the injured Durjodhanh and took him to the house of Bharat Gorai. Accused Kalachand and Jiten continued assault on Fulmani, mother of Shaktipada and Kamala. At about 11 P.M. Shaktipada's elder sister Mini took him out from that room. Within 15 minutes therefrom Kanai, Binata, Paltan had reported to them that the accused Kalachand, Jiten, Falu and Dolu had caused murder of Dharani @ Haren, Biswanath, Fulmoni and Kamala by assaulting them with Tangis and swords and the remaining accused namely Sankar, Sasthi, Pagal, Mihir, Anil, Lalit, Subhas, Bistu, Dhanapati, Bijoy, Arun and Shakti had assisted the aforesaid accused persons in committing murder of the aforesaid four persons. Then the de facto complainant Shaktipada Karmakar made an attempt to enter into the room of puja but the accused persons closed the door of that room as well as the main entrance door of the compound preventing entry of any person into that compound.

(3.) Upon such occurrence the de facto complainant Shaktipada Gorai lodged a written complaint before the Officer-in-Charge, Purulia Muffassil Police Station where upon Purulia Muffassil P.S. Case No.20 dated 24.08.1983 under Sections 326/307/302/34 IPC was started. That case was investigated into and charge sheet was submitted. Thereafter, the case was placed for trial before the Learned Sessions Judge, Purulia who framed charge under Sections 341/302/34 of the Indian Penal Code against all the accused and in addition under Section 324 IPC against accused Dhanu @ Kalachand Gorai and after conclusion of the trial he held the appellants guilty and convicted them as has already been stated.