PHANI BHUSAN MAITY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE instant Criminal Appeal is directed against the judgment and order of conviction passed by the Learned Additional Sessions Judge, 3rd Court, Midnapore in Sessions Trial No. VII of October, 1983 decided on 02.03.1988 whereby the appellants have been sentenced to suffer Rigorous Imprisonment for 2 years each for commission of offence under Section 148 of the Indian Penal Code and also to suffer Rigorous Imprisonment for 6 years each and to pay a fine of Rs. 1,000/ - each, in default, to suffer further Rigorous Imprisonment for 2 months each for commission of offence under Section 304(I) of the Indian Penal Code read with Section 149 IPC. However, both the sentences wound run concurrently.

(2.) SANS unnecessary details the prosecution case may be reproduced in the following words: -

(3.) IN order to prove the charge the prosecution examined altogether 11 witnesses. Out of those witnesses, P.W. 1 Anil Kumar Maity is the de -facto complainant and brother of the deceased Kanai Maity, P.W. 2 Prativa Maity is the niece of the deceased who witnessed the first part of the incident, P.W. 3 Indubala Maity is the Boudi of the deceased, P.W. 4 Sandharani Maity is the widow of the deceased, P.W. 5 is Panchanan Bera inside whose house the deceased was allegedly murdered, P.W. 6 Paramananda Maity is the elder brother of the deceased, P.W. 7 Chanchal Kumar Maity was merely tendered for cross -examination which was declined, P.W. 8 is Constable Buddhiram Sharma who carried the dead body to the hospital for post mortem examination, P.W. 9 is Dr. B.K. Nanda who held the post mortem examination, P.W. 10 is S.I. of Police Swapan Kumar Das who registered the case on receipt of the complaint and P.W. 11 is S.I. of Police Tarun Kumar Das who took up investigation, proceeded to the place of occurrence, held inquest over the dead body and sent the same for post mortem examination, prepared rough sketch map with index and seized some articles and also some blood stained earth and controlled earth from the place of occurrence under a seizure list and thereafter on completion of investigation, submitted the charge sheet.