SADANANDA MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal isdirected against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, 11th Court, Alipore, 24 Pgs(S) in Sessions Case No. 37(2)88 (Sessions Trial No. 3(7)89), on 1.3.1991.

(2.) Shortly put, the prosecution case is that on 21.2.1987 at about 11/ 11.30 p.m. when the de facto complainant's son Bijoy Kumar Mondal was proceeding for guarding the paddy-field to the south of their house, on hearing his cry, the complainant (P.W. 1) and his wife (P.W. 2) went there and found all the accused persons were assaulting their son with lathi and shabal. While they protested, accused Hemanta Mondal assaulted him with a shabal, for which he fell down. When his wife went to his rescue, she was assaulted by accused Joydeb with lathi on her hand. Despite his request to the accused person's not to assault his son, accused Sadanand Mondal assaulted, his son with a shabal on his head and leg and others with lathi. Then they took his son from the side of tank to the drawing room and assaulted him there also. The injured Bijoy was removed from the drawing room of the accused persons to Canning P.H.C. and therefrom to N.R.S. Medical College and Hospital where he succumbed to injuries on 23.2.1987. Hence, all the accused persons were charged under Sections 304/34 and 324/34, I.P.C.

(3.) The defence case, as suggested to P.Ws. and as contended by the accused persons during their examination under Section 313, Cr.P.C., is that the victim Bijoy was in the habit of committing theft of paddy and fish from different places at night, for which the people of those villages were very much annoyed with him. The accused persons have been falsely implicated in this case as they complained for various theft committed by Bijoy.