MANBHULA MAHATO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Criminal Appeal (CRA 26/2005) arose out of the judgment and order of conviction dated 29th day of November, 2004 and 30th day November, 2004 respectively, recorded by Ld. Additional Sessions Judge, 2nd Court, Purulia in SC No. 67/2004 (ST No. 11/2004) wherein Ld. Sessions Judge found these appellants guilty for committing the offence punishable under Sections 302/149 I.P.C. and sentenced them to suffer Rigorous Imprisonment for life and to pay fine of Rs. 10,000/- (ten thousand) each and in default to suffer further Rigorous Imprisonment for 6 months and the period of detention during investigation and trial was subject to set off in terms of Section 428 Cr. P.C. Here no cross appeal has been filed on behalf of the state questing propriety of the judgment, order of conviction and of sentence etc. Being aggrieved by the said judgment and order of conviction, this appeal has been preferred.

(2.) The facts of the case, as revealed from the written complaint dated 27th day of November 2002 (Ext. 1) was that on the 26th day of November, 2002 at about 4/4-30 P.M., while the family members of the victim Jagadish Tewary (hereinafter referred to as the 'victim') consisting of his old mother, his wife, three sons and one daughter-in-law were inside his residential house at Bansgarh, a village under Jhalda Police Station (Purulia District), which situates in a close proximity of Jharkhand state, about 250/260 MCC activists being equipped with fire arms and deadly weapons came and encircled the residential house of the victim all on a sudden, tied rest of their family members, hit them with blunt side of the rifles, forcibly pulled the victim in front of the katra of the Durga Mondir - situating within the compound of the victim and beheaded him with a tangi placing his neck inside a piece of wood, popularly called as 'Harikath' (i.e. the piece of wood meant for sacrificing animal like goat in front of the goddess Durga during festive season),causing his instant death and shouted slogans 'M.C.C Zindabad'. They caused damage to the doors and windows of their dwelling house, set those ablaze after pouring petrol, caused damage to the property of the victim worth Rs. 1,50,000/-, looted gold ornaments of the female members of his family, cash of Rs. 25,000/- and other valuable belongings, including two guns and left the place shouting slogans.

(3.) On the basis of the said written complaint dated 27th day of November 2002 (Ext. 1), the Officer-in-Charge of Jhalda Police Station registered Jhalda Police Station Case No. 64 of 2002 dated 27th day of November 2002 and after investigation, the charge sheet was submitted against these appellants and others for facing trial and on conclusion of trial, these appellants were found guilty of the offence punishable under Sections 148/302 I.P.C., convicted and sentenced them to suffer imprisonment for life and to pay fine, as noted earlier.