BIMAL TAMANG Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) Appellants have assailed judgment and order dtd. 20/12/2019 passed by the learned Additional District and Sessions Judge, 3rd Court, Darjeeling in connection with Sessions Case No.05 of 2018 (Sessions Trial No.3(7) of 2018) convicting the appellant No.1 for commission of offence punishable under Ss. 302/449 of the Indian Penal Code and appellant Nos.2 and 3 under Ss. 323/34 and 448/34 of the Indian Penal Code and sentencing appellant No.1 to suffer imprisonment for life and to pay fine of Rs.20,000.00, in default, to suffer rigorous imprisonment for one year for the offence punishable under Sec. 302 of Indian Penal Code and to suffer rigorous imprisonment for three years and to pay fine of Rs.5000.00, in default, to suffer rigorous imprisonment for two months for the offence punishable under Sec. 449 of the Indian Penal Code and sentencing appellant Nos.2 and 3 to suffer simple imprisonment for six months on each count i.e. for the offence punishable under Ss. 323/34 and 448/34 of the Indian Penal Code respectively. All the sentences to run concurrently.

(2.) Prosecution case, as alleged, against the appellants is to the effect that wife of appellant no. 1 Smt. Panchu Rai (PW 5) had eloped with the deceased Binoy Rai in 2017. In January 2018 they returned to the village. Hearing the news on 28/1/2018, appellant no. 1, his mother Phulmaya Tamang (appellant no. 2) and his brothers Birgate Tamang (child in conflict with law) and Dipen Tamang (appellant no. 3) illegally trespassed into the house and assaulted Binoy and Panchu Tamang. Appellant no. 1 assaulted Binoy with a big stone on his head. As a result, Binoy died. Puran Rai, brother of Binoy lodged written complaint at the police station against the appellants resulting in registration of Jorebunglow P.S case no. 8 of 2018 dtd. 29/1/2018 under Sec. 448/449/302/34 IPC. Upon conclusion of investigation, charge sheet was filed and appellants were put on trial. Birgate Tamang being a juvenile was tried before the Juvenile Board. During trial, prosecution examined 9 witnesses and exhibited a number of documents to prove its case. Defence of the appellants was one of innocence and false implication.

(3.) In conclusion of trial, learned trial Judge by the impugned judgment and order convicted and sentenced the appellants, as aforesaid.