BIREN SARKAR Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against a judgment and order dated 2nd March, 2005, and an order of sentence dated 3rd March, 2005 passed by the Additional Sessions Judge, Cooch Behar in Sessions Trial No. 4(7)2001, corresponding to Sessions Case No. 18/89 whereby the accused appellants have all, inter alia, been convicted of murder under Section 302 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life for the said offence.

(2.) IT is the case of the prosecution that the accused appellants entered the mustard field cultivated by the de facto complainant, Ananda Mohan Modak, and the members of his family, hereinafter collectively referred to as the Modaks, and started cutting the mustard plants.

(3.) THE accused appellant No. 1, Biren Sarkar chopped mustard plants at the place of occurrence, with a 'benki' in his hand. When Mangla tried to prevent the accused appellants from cutting mustard plants, one of the accused appellants struck him on his back with a bamboo 'holonga'. Just then, the accused appellant Bipul, struck the de facto complainant on his chest, with a 'holonga'. After the incident, the accused persons left the place of occurrence and ran to the house of Prafulla, from where three of them were caught. It appears that Ananda and Mangla were injured and Tarani ultimately died.