SURANJAN MAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In a Sessions trial appellant Suranjan Mal, Sushavan Mal and Samiran Mal were convicted under section 307 IPC and sentenced to suffer simple imprisonment for 8 years and to pay fine with default clause. The said order of conviction and sentence is under challenge in this appeal.

(2.) The aforesaid trial is an outcome of a complaint lodged by PW/1 Bijan Behari Maity. It was his case on the date of occurrence, all the convicts came together to forcibly plough their land with a tractor, at that time he, his wife Dipali Maity (PW/2) and his father Janaki Maity tried to resist them. When appellant Suranjan Mal assaulted him with an iron rod on his head and on different part of his body and after that he threw acid on his back. As his wife rushed to save him Sushavan Mal also assaulted her with a Katari on her head. His father, when tried to intervene, he was also assaulted by Samiran Mal with a bamboo stick on his head. In the meanwhile, the neighbouring people rushed to the spot and thereafter from police station the injured were removed to the hospital.

(3.) During the trial prosecution examined total 11 witnesses. However, none was examined by the defence. It was their case that they were innocent and have been falsely implicated in this case and a counter case is pending against PW/1 and PW/2 for assaulting the appellants and causing grievous hurt and for attempting to kill them.