MANOJ SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellants being convicted by the learned Additional Sessions Judge, 13th Court, Alipore in Sessions Trial Case No. 3(1) of 2000 under sections 302 and 302/34 of Indian Penal Code (in short IPC) and sentenced to suffer rigorous imprisonment for life and further sentence of payment of fine of Rs.10,000/- each, in default, R.I. for three months each have preferred the abovestated two separate appeals challenging the judgment and order of conviction and sentence imposed on them. The appellant Manoj Singh who was convicted and sentenced by the Trial Court for the offence under section 302/34 of the IPC has preferred the appeal being CRA No. 221 of 2001. Appellant Dharma Mahato alias Dharam Nath Mahato who was convicted and sentenced under section 302 of IPC and the rest four appellants who were convicted and sentenced under section 302/34 of IPC jointly have preferred the appeal being CRA No. 224 of 2001. Though the accused appellants have preferred two separate appeals challenging the same judgment and order of conviction we intend to dispose of both the appeals by this common judgment and order.

(2.) The appellants were charged for the offence under section 364/34 of IPC for causing abduction of one Rajesh Rai with intention to cause his murder and separately for the offence under section 302/34 of IPC for causing murder of Dinanath Dubey in furtherance of their common intention.

(3.) Two separate First Information Reports (in short FIR) were lodged for the two distinct offences. Concerning murder of Dinanath Dubey the statement of Aloke Chandra Pandit (P.W.I) given in Oria reduced into writing by the police officer at 11.15 p.m. on 2.10.98 and this statement was treated as FIR and it was registered as Metiaburuz P.S. Case No. 157 dated 2.10.98 under section 302/34 of IPC and section 25/27 of the Arms Act against Dharma and 5/6 others. The prosecution story according to FIR, in short, is that on the said date at about 10.30 p.m. Rajan and Dinanath Dubey arrived in front of house of P.W. 1 after immersing the deity of Goddess 'Durga' and thereafter Rajan left for his home. Dinanath Dubey asked for 'prasad' from P.W.I and he went towards Dubeji for giving the 'prasad'. At that time P.W.1 found Dharma had caught hold of Dinanath Dubey from behind armed with revolver and Dharma took away Dinanath Dubey in front of Shiv temple on the opposite side of the road and fired at Dinanath Dubey. Dinanath Dubey fell down in front of the Shiv temple with profuse bleeding and died instantly. 5/6 other persons were with Dharma and they were armed with bombs in their hands. They raised hue and cry and also exploded bomb for which everybody moved away to safer place out of fear. Later on P.W.1 learnt that Tarak, Manoj, Rahis, Rabi and others were with Dharma.