MOTILAL RANA Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) Challenge in this appeal arises out of judgment and order of conviction dated April 5, 2002 and April 6, 2002 respectively passed by the learned Additional Sessions Judge, 3rd Court, Midnapore in Sessions Trial Case No. 59/August/2000 convicting the appellant under Sections 302/326 of the Indian Penal Code.

(2.) Brief facts leading to the instant appeal is that on 27.12.1997 at about 10 O Clock in the night one Yogneswar Rana and Anil Rana were performing dance and singing in the house of one Smt. Lal Rana. After a few while an altercation took place and Motilal Rana shouted at the top of his voice saying mar-mar . On hearing the shout, the de- facto complainant went to the place of occurrence and found that Anil and Yogneswar were lying on the pathway at the threshold of the house of Motilal after sustaining bleeding injury. It is further case of the prosecution that Anil Rana succumbed to his injuries on the spot and Yogneswar Rana sustained severe injuries.

(3.) On being asked Yogneswar stated that accused Motilal had assaulted Anil with the blunt side of a spade on his head. As a result, he sustained bleeding injuries and while he had been to the rescue of Anil, Motilal and his son, Chhoton @ Nagen had assaulted him on his head. Yogneswar, the injured was taken to local hospital and admitted instantaneously with the help of Kush Rana, Suryakanta Rana and Shankar Singh. An FIR was lodged and Nayagram P.S. Case No. 35/1997 was started under Sections 302/326/307/34 IPC against the accused Motilal and his son Chhoton on the basis of which I.O. submitted Charge-sheet being C.S. No. 6/99 dated 18.3.1999 under Sections 302/326/307/34 IPC on completion of investigation.