GHENTU MANDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The two appeals being C.R.A. 475 of 1989 and C.R.A. 35 of 1990 have been directed against the Judgment and order dated 15.12.1989 passed by the learned Additional Sessions Judge, 1st Court, Krishnanagar in connection with Sessions Trial No. 3 of March 1989.

(2.) The grueling incident resulting in the murder of a person, infliction of grievous hurt to some others and maiming of a remaining one occurred on 22/03/1983 at about 08-00 hrs., at Dharapara, Anchal No.2, P.S. Tehatta. The prosecution came, out with positive allegation that the appellants along with other miscreants armed and equipped with deadly weapons stormed into the house of Dwijendra Nath Biswas where Joydeb Mondal, Laxmi Joardar, Santu Mondal, Ajit Mondal and Kama Mondal had taken shelter. Perturbed and terrified by the menacing advance of the miscreants, Joydeb Mondal moved into the adjacent room of Mirmadan Biswas. Instigated by Ramen Mondal, the appellants namely Joydeb Mondal, Baidyanath Mondal, Ranjit Mondal and Asta Mondal entered into the room of Mirmadan Biswas by breaking upon his door and thereafter brutally hacked Joydeb Mondal to death, using 'Fala', 'Kirich' and 'Gun' for effecting their object. The other miscreants also did not lag behind. They went after Ajit Mondal, Santu Mondal, Laxmi Joardar, Durgabala Biswas, Mantu Mondal, Provat Mondal, Madhai Mondal, Tinkari Mondal and some other persons and brutally assaulted them with 'Ramda, Tangi and other instruments'. The persons receiving serious injuries were hospitalized. Joydeb Mondal, who received gun shot injury as well as slab injury, died on the spot before any medical assistance could be provided for him.

(3.) Following the lodging of the FIR by Dwijendra Nath Biswas, a case under sections 147/148/149/448/323/324/326/307/302/427 IPC and under section 27 Arms Act were [registered by Tehatta Police Station against as many as forty named accused persons. With the registration of the case, the police officer entrusted with the investigation of the case conducted inquest over the dead body of the deceased. It was followed by sending the dead body to the morgue for post mortem examination. Efforts were made to a'pprehend the persons involved in the incident. Incriminating articles including blood stained earth, wearing apparels, broken tiles and bricks were seized. The Investigation Officer prepared a sketch map of the place of occurrence with index. The investigation went on with the examination of the available witnesses. Eventually, on examination of the witnesses, seizure of the articles, collection of medical papers including post mortem report, chargesheet was submitted.