PRIYA NATH BASURI Vs. STATE OF W B

JUDGEMENT

(1.) The present appeal is directed against the judgment and order of conviction and sentence passed by the Id. Additional Sessions Judge, 2nd Court, Midnapore in Sessions Trial case No.XXX/September, 1996 on 29.06.1998.

(2.) The prosecution case, in short, is that on 11.09.1994 at about 12.00 hrs. accused Kameshwar Basuri, Deben Basuri, Pulin Basuri, Jaggeswar Basuri & Gyan Basuri prevented Aswini Basuri (P.W.6) and Ashok Basuri (P.W.8) from catching fish from their purchased land at Charchita Mouza and abused them filthily. At the intervention of Bimal Basuri (P.W.5) the dispute ended were. At about 1.00 p.m. all those accused persons along with accused Priyanath Basuri, Mrityunjoy Basuri, Mrigen Basuri and Satyaban @ Baidyanath Basuri being armed with deadly weapons raided the house of Ashok Basuri, and as soon as his father Padmalochan came out, they assaulted him with arrows, axes and crowbars resulting in his death on the spot. When Ashok and Aswini reached there, they were also attacked with sticks, axes, arrows etc. thereby causing serious injuries to them. The female-folks of the house were also assaulted. Hence, all the nine accused persons were charged under sections 148, 302/149, 307/149, 326/149, 325/149 and 324/149 IPC.

(3.) The defence case, as suggested to P.Ws. and as contended by the accused persons during their examination under section 313 Cr. PC, is that no such incident in the manner as deposed took place. The accused persons did not commit murder of Padmalochan nor assaulted any person.