SUDARSHAN MAJHI Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is directed against the Judgment and Order of conviction passed in Sessions Trial No. 19 of 2006 and Sessions Case No.316 of 2005 passed by the Court of the Additional Sessions Judge, 3rd Court, Purulia on 8th April, 2008 holding the appellants guilty of offence punishable under Section 302/34 of the Indian Penal Code and as such the appellant was also convicted under Section 235 Cr.P.C. The accused persons are each sentenced to Rigorous Imprisonment for life, along with a fine of Rs.10,000/-, in default to suffer further Rigorous Imprisonment for two years. The sentences will run consecutively.

(2.) Put in a short frame, the prosecution case runs as under:- On 09.09.2003 shortly afternoon, defacto complainant Subarna Majhi of Village Sarberia, lodged a written complaint, scribed by Susanta Mishra, at Barabazar P.S., submitting that at about 10:30 that morning, his elder brother Sunil Majhi was proceeding to a a shop of the village to make some purchases, when on mainroad of the village (Kuli Rasta), accused Sudarshan Majhi, and his sons accused Bishnupada Majhi and Madhab Majhi, waylaid Sunil Majhi, and blocked the road, when he was in front of the village school. The accused persons then assaulted Sunil Majhi all over his body with axes and tangi. Sunil Majhi sustained grievous bleeding injuries and his wearing apparels were all soaked in blood, and he lay on the ground in critical condition.

(3.) P.W.1, is the younger brother of the deceased and an eye witness of the incident. He stated in his evidence that he was standing a 100 cubits from deceased Sunil Majhi and from that distance he saw that his elder brother was surrounded by three accused persons and they assaulted his elder brother with 'Katari' and 'Kurul'. He lodged written FIR with the local Police Station and Susanta Mishra scribed the written FIR at his instance. Initially he took Sunil Majhi to Sarberia School and from there he took the victim to local Police Station where the victim narrated the incident to Borobabu and thereafter they took said Sunil Majhi to Barabazar BPHC Hospital. Said Sunil also narrated the incident to the Doctor there and from BPHC Hospital Sunil was shifted to Tata Hospital. On the way to Tata Hospital Sunil died. He also deposed that accused Sudharshan was his uncle and Bishnupada and Madhab were the sons of accused Sudarshan and they had a family dispute regarding landed property. He also identified the accused persons in Court.