DILIP TARAFDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is directed against the Judgment and Order of Conviction passed in Sessions Trial being No.1(11)2003 arising out of Sessions Case No.23(8)2003 passed by the learned Additional Sessions Judge, 4th Court, Nadia dated 30.11.2005 holding the accused persons/appellants guilty of offence punishable under Section 302 read with Section 34 of the Indian Penal Code and they are sentenced to suffer Rigorous Imprisonment for life each and to pay a fine of Rs.5000/- each, in default to suffer Rigorous Imprisonment for six months.

(2.) Put in a short frame, the prosecution case runs as under:- On 29.09.2002 at about 6 to 6.30 p.m. one Madan Mandal (defacto complainant) along with his brother deceased Sukdeb Mandal and others were returning home from local market, on their way the accused Manoj Mandal obstructed Sukdeb Mandal (deceased) holding his cycle. Thereafter, the accused Dilip Tarafdar, Biswanath Mandal and Mohitosh Mandal fired at Sukdeb Mandal. As a result he fell down on the ground and when his elder brother Madan Mandal went to help him, the accused Santosh Mandal abused him in filthy language and pushed him down. Their associates, the other accused persons namely Brajen Mandal, Sukhen Mandal and Newtan Mandal were also there with deadly weapons. It was reported that another brother of his, Bharat was murdered in the same way on the occasion of Pous Sankranti by the accused persons as named above.

(3.) In order to prove the case prosecution examined as many as 16(sixteen) witnesses .