SANTIUSH KUJUR Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) Appellants have assailed judgment and order dtd. 9/12/2019 and 10/12/2019 passed by the learned Additional Sessions Judge, F.T.C.II, Alipurduar, Dist. Jalpaiguri in connection with Sessions Case No.189 of 2013 (Sessions Trial No.05 of 2015) convicting the appellants for commission of offence punishable under Ss. 302/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for life and to pay fine of Rs.5,000.00 (Rupees five thousand) each, in default, to suffer further rigorous imprisonment for two months more. Prosecution case as alleged against the appellants is as follows:-

(2.) On 30/3/2013 at 12.00 mid night there was an altercation between one Emil Buxla and Prakash Kujur (appellant no.8). Prakash suffered injuries. On the next morning, all the appellants came in a body and insisted that Emil Buxla bear the expenses for medical treatment of Prakash Kujur. Emil Buxla refused. Thereupon, the appellants hit him with bricks, stone, wooden stand (piri) in presence of his wife Teresha Buxla (PW 1). His daughter Namita Baxla (PW 8) intervened and stated she would bear the cost of Prakash Kujur's treatment. She took Prakash Kujur to hospital and got him treated. Unfortunately, due to assault Emil Buxla died.

(3.) His wife Teresha Buxla lodged written complaint against the appellants resulting in registration of Samuktala Police Station Case No.57 of 2013 dtd. 31/3/2013 under Sec. 302/34 of the Indian Penal Code. In conclusion of investigation, charge sheet was filed and charges were framed under Sec. 302/34 of the Indian Penal Code against the appellants. Appellants pleaded not guilty and claimed to be tried. During trial prosecution examined 11 witnesses and exhibited a number of documents. In conclusion of trial, trial Judge by the impugned judgment and order convicted and sentenced the appellants, as aforesaid.