SADHAN GHOSH Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against an order of conviction under Sec. 235 (2) of Criminal Procedure Code, 1973 (hereinafter referred to as Cr.P.C.), dated December 19, 2013 passed in S.C. No. 30(2)2012 by the Additional Sessions Judge (F.T.C. -I), Krishnanagar, Nadia. By virtue of the impugned judgment and order of conviction held the appellant guilty for commission of offence under Sec. 302/34 of the Indian Penal Code, 1860 (hereinafter referred to as the I.P.C.) and sentenced the appellant to suffer rigorous imprisonment for life and to pay fine of Rs. 5000/ - in default to suffer further simple imprisonment for three years and if the above amount would realise, 50% of the same was directed to be remitted to the family of the deceased. The other accused Bikash Ghosh was acquitted holding him not guilty for the offence under Sec. 320/34 of the I.P.C.

(2.) According to the prosecution case, on January 11, 2011 at about 16.30 hours, Samaresh @ Babu Ghosh of village -Khantura Ghosh Para, P.S. -Krishnaganj, District -Nadia, the husband of PW 1, went to the burning ghat situated at the back side of Majdia College along with others for cremation of one Dhiren Sardar. Many other people were present at the burning ghat. At that point of time Sadhan Ghosh (the appellant) abused the deceased with filthy languages due to previous grudge. An altercation took place among the appellant and the deceased. It was stopped for the time being. The appellant returned to his home and came back to the above burning ghat with other persons armed with some deadly weapons for the purpose of killing the deceased. The appellant was accompanied by Prosenjit Ghosh, Indrajit Ghosh, both son of Sadhan Ghosh, Bikash Ghosh son of Lt. Dhiren Ghosh, Kalipada Ghosh son of Lt. Dhiren Ghosh all of village -Khantura Ghoshpara, P.S. -Krishnaganj, District -Nadia and others. The appellant assaulted the deceased on his left chest with sharp cutting weapon and the other aforesaid accused persons encircled him with deadly weapons including firearms. The deceased fell down on the ground and there was profuse bleeding from the injured portion of body of the deceased. The PW 1 went to the above place of occurrence after receiving the above information from the local people and took the deceased to Krishnaganj Government Hospital for treatment.

(3.) In compliance of the direction of Duty Officer of Krishnaganj Police Station, Jahar Lal Chatterjee, Sub -Inspector of Police, (PW 14), attached to Krishnanagar Police Station, went to the Krishnaganj Hospital on January 11, 2011 at about 19.35 hours. The doctor of the above hospital declared the victim dead. He prepared surathal report over the dead body of deceased Samaresh Ghosh @ Babu with reference to Krishnaganj P.S. U/D Case No. 1 of 2011 dated January 11, 2011. The dead body of the victim was sent to the District Hospital, Krishnagar, District -Nadia, for post mortem examination. PW 7 conducted the post mortem examination on January 12, 2011 at about 13.00 hours. According to the opinion of PW 7, the cause of death of the victim was due to shock and haemorrhage resulting from the injuries on his body as mentioned in the above post mortem report which were antemortem in nature.