NEMAI ADAK Vs. STATE

JUDGEMENT

(1.) These seven appeals arise out of a trial held by the Additional Sessions Judge of Howrah. The appellants in these appeals are ten in number and they along with two others were put on trial before the learned Judge sitting with a jury on charges under Sections 147, 302/149 I. P. C. and on the same evidence they were separately tried by the learned judge himself for an offence under Section 3 of the Explosives Substances Act read with Section 34 of the Indian Penal Code. The learned judge accepting the unanimous verdict of the jury acquitted two of the accused of all the charges framed against them. They are accused No. 3, Kristo Bag and accused No. 11 Haradhan Roy. He further acquitted on a similar verdict of the jury accused No. 6 Jotiram Mondal and accused No. 7 Nemai Adak of the charges under the Indian Penal Code sections, but convicted, them under Section 3 of the Explosive Substances Act.

(2.) On a verdict of 5 to 4 returned by the jury the learned judge convicted accused No. 1 Hrishikesh Adak, Accused No. 2 Banka alias Anil Das and accused No. 12 Nirmal Dhara under Sections 147 and 302/34 1. P. C., and on a similar verdict he convicted accused No 4 Gopal alias Baidhyanath Das, accused 5 Dilip Das, accused 8 Mathor Mondal, accused 9 Nemai Mondal and accused 10 Subrata Chowdhury under Sections 147 and 326/149 I. P. C. He further convicted accused 1, 4, 5, 6, 7, 8 and 10 under Section 3 of the Explosive Substances Act.

(3.) Accused No. 1 Hrishikesh, accused No. 2 Banka and accused 12 Nirmal were sentenced under Section 147 I. P. C. to suffer rigorous imprisonment for one year and to imprisonment for life under Section 302/34 I, P. C. Accused 4 Gopal, accused 5 Dilip, accused 8 Mathor, accused 9 Nemai and accused 10 Subrata were sentenced to rigorous imprisonment for one year under Section 147 I. P. C. and to rigorous imprisonment for ten years under Section 326/149 I. P. C. For the conviction under Section 3 of the Explosive Substances Act accused Nos. 1, 4, 5, 6, 7, 8 and 10 were sentenced to suffer rigorous Imprisonment for six years and all the sentences of the accused persons were directed to run concurrently.