KRISHNA PADA MAHATO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is directed against the Judgment and Order of conviction passed in Sessions Trial being No. 5 of 1998 passed by the Learned Additional Sessions Judge, 1st Court, Purulia on 29th day of April, 2003 and 30th day of April, 2003 holding the accused/appellant guilty of offence punishable under Sections 302/323 of the Indian Penal Code to suffer rigorous imprisonment for life with a fine of Rs.1000/- only, in default, to suffer further rigorous imprisonment for one year for commission of the offence punishable under Section 302 of the Indian Penal Code. He was also convicted and sentenced to suffer rigorous imprisonment for one year for commission of the offence punishable under Section 323 of the Indian Penal Code. It was also ordered that both the sentences shall run concurrently.

(2.) Briefly, the prosecution case runs as under:-

(3.) On 10.09.1993 the informant Pasupati Mahato had been to his cauli-flower field in the morning and was engaged in drainage operation of the accumulated water therein and at about 7:00 A.M. one Satrughna Mahato, a resident of vill. Nowadi, came there and told that Krishna Pada Mahato fired at his brother Rampada Mahato from his own gun. Within a short while another resident named Sahibram came there running and also apprised him about the incident and the informant rushed to the spot and found a large number of people assembled in front of the house of Krishna Pada Mahato and he found Rampada Mahato lying dead while his wife was also lying there with severe injuries on her head. The local people requested the informant to report the incident to local Police Station and, accordingly, the informant came to the Police Station and lodged a written complaint with Barabazar Police Station whereupon Barabazar P.S. Case No.64/1993 dated 10.09.1993 was started against the accused and investigation entered upon.