NIRMALKABIRAJ Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal filed at the instance of the twenty appellants has been directed against the conviction and sentence passed by the learned Additional Sessions Judge, 2nd Court, Siuri, Birbhum in connection with Sessions Trial No. 2 of February, 2000.

(2.) The shocking murder of one Dipankar Mondal took place nearly a decade back in village Indira within the jurisdiction of Saithia Police Station. The prosecution case, as stated in the F.I.R. and elaborated further during the course of the trial, was to the effect that on 06/09/93 round about 18-00 hrs., the appellants armed with pistol, bomb, tangi and other deadly weapons targeted the informant Pareshnath Mondal, his cousin Dipankar Mondal, his nephew Radharaman Mondal, brother Barun Mondal and their neighbour Ranjit Kabiraj, while they were gossiping near their house. Awestruck, the informant and others scooted off to escape being assaulted by the miscreants and his associates. The appellants, however, managed to intercept Dipankar Mondal who was trailing behind others. They started assaulting him with the deadly weapons in their hands.

(3.) The informant and others made a vigorous search for Dipankar Mondal on coming back to their village on the next morning. The dead body of Dipankar Mondal was found lying on a paddy field following frantic search being made by the informant and others. There were marks of injuries and wounds on the body. The incident was then reported to Local Police Station. With the lodging of the F.I.R., Saithia Police Station Case No. 87/1993 dated 07.09.93 was registered. The then Officer-in-Charge of Saithia Police Station himself took up the investigation of the case. In course of the investigation, he visited the place of occurrence and prepared its rough sketch map with index. He also prepared another sketch map of the place where the dead body of Dipankar Mondal was found lying. Following the inquest over the dead body of Dipankar Mondal, the dead body was sent for post mortem examination. Meanwhile, the wearing apparels of the deceased were seized in presence of the witnesses. One pair of shoes and a lathi lying near the dead body of the deceased were also seized.