JANGLI Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) On 29th May, 2001 one Sirajul Sk. was returning home with Jamadar Sk., the victim, riding on separate bicycles at about 8 p.m. When they reached the garden house of one Chhaya Ghosh, the appellant and some others started assaulting Jamadar Sk. with a chopper (hasua) and pasli. They hit the cycle on which Sirajul Sk. was riding and told him to flee away. Accordingly Sirajul Sk. left the place in order to save himself. He rushed to tell Nur Mahammad Sk., the son of Jamadar Sk., that his father was being killed. Nur Mahammad Sk. rushed to the spot and found his father with his throat and belly slit open. The FIR was lodged by Nur Mahammad Sk. at about 9.15 p.m. The police reached the spot immediately and conducted an inquest in the light of a hurricane lamp. The body was sent for the post mortem examination. The Doctor who conducted post mortem opined that the death was due to cardio respiratory failure, shock and haemorrhage from multiple injuries which were ante mortem and homicidal in nature. The appellant and other accused persons, namely, Alauddin Mallick, Altab Mallick and Minaruddin Mallick were arrested soon thereafter. The case against the accused was committed to the Sessions Court. They were tried by the Additional Sessions Judge, 2nd Fast Track Court, Lalbag, Murshidabad. The Sessions Court found the appellant guilty of the offence punishable under Section 302 of the IPC and he was sentenced to suffer imprisonment for life. Alauddin died during the trial and the case against him has been filed forever. The other two accused persons Altab Mallick and Minaruddin Mallick were acquitted of the charges punishable under Section 302 read with Section 34 of the IPC. The appellant has been sentenced to suffer imprisonment for life and to pay a fine of Rs. 5000/- (Rupees five thousand only); in default of payment of fine to suffer rigorous imprisonment for six months.

(2.) The prosecution has relied on the testimonies of 10 witnesses in order to establish the offence against the appellant. PW 1, Sirajul Sk. is the eye-witness to the incident. He has narrated the incident and reiterated the incident mentioned in the FIR. He has stated that he and Jamadar Sk. were riding on separate bicycles on 29th May, 2001. They were returning home at around 8 p.m. from Kadamsorif More. They reached Chhaya Ghosh's garden house when Jangli, the appellant herein, and his son Alauddin started assaulting Jamadar Sk. with a chopper and pasli. He has identified the appellant and Alauddin who was the other accused in this case in Court. He has mentioned that they told him to flee away and then he "ran away out of fear." He returned to the spot after informing the members of the family of Jamadar Sk. that he was being killed. Other people had also rushed to the spot. He saw Jamadar lying there injured with marks of injuries on his chest and the back of the neck. Jamadar's cycle was seized by the police and he was a witness to that seizure. The witness has candidly stated that when he saw Jamadar Sk. Who was his neighbour being assaulted mercilessly, he fled out of fear. He was able to identify the appellant in the moonlight. He has mentioned the names of the persons who rushed there besides Nur Mahammad Sk., the son of Jamadar Sk. He has described a pasli as a semi-circular sharp edged weapon. According to this witness, Nur Mahammad Sk. had a long standing dispute with Jangli Sk. and his son.

(3.) PW 2 is Nur Mahammad Sk, the son of the victim. He claims to be an eye-witness and is the complainant. His complaint was written by PW 3. This witness has stated that Sirajul Sk. informed him that his fatherwas killed by the appellant and his brothers and sons. He has denied that Sirajul Sk. was his relative.