HAMID MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment dated 17th July, 2010 of the learned Additional Sessions Judge, 3rd Court, Nadia at Krishnagar in Sessions Trial No. VI (July) 2006, corresponding to Sessions Case No.63 (6) of 2006. The Sessions Court has convicted the Appellants under Section 302 read with Section 34 of the Indian Penal Code. All the Appellants have been sentenced to undergo rigorous imprisonment for life and pay a fine of Rs. 5,000/- each, in default of payment of fine to suffer rigorous imprisonment for a further period of six months.

(2.) According to the prosecution case, four (4) unknown miscreants, who were armed, broke the jute fence on the rear of the house of one Anil Mondal on 25th May, 2005 at about 11:15 p.m. They shot his son Amit Mondal who was sleeping in the verandah of the house. He was injured in his abdomen. The miscreants then injured Sunil Mondal, the elder brother of Anil Mondal with sharp weapons while he was also sleeping in the verandah. Amit and Sunil were rushed to the Karimpur Hospital for treatment. Amit succumbed to his injuries in the hospital while Sunil was admitted in a serious condition. Apparently, on 25th May, 2005 at about 10:00 p.m. the same miscreants shot one Gautam Karmakar of Baninathpur village. He too succumbed to his injuries.

(3.) The FIR was filed on 25th May, 2005 by one Sujit Mondal, who has been examined as P.W.1 in this case. Both the aforesaid incidents were included in the same FIR. The inquest of Gautam's body was held in the hospital on 26th May, 2005 at about 1:45 p.m. Surprisingly, the witnesses to this inquest have not been examined in Court. No postmortem report has been produced in respect of Gautam. In the case of Amit, though the post-mortem report has been exhibited before the Trial Court, no inquest was conducted in respect of the deceased.