PALASH GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Death Reference is directed against the order of conviction and judgment dated 2nd February, 2016, 3rd February, 2016 and 4th February, 2016 passed by the Additional Sessions Judge, 3rd Court, Nadia, Krishnanagar in Sessions Trial No.III (March)15 arising out of Sessions Case No.22(3)15 whereby and whereunder the Trial Court sentenced the accused appellants to death for the offence under Section 302 I.P.C. read with Section 34 I.P.C. and to pay a fine of Rs.50,000/ - each, in default to suffer further rigorous imprisonment for two years, for the offence under Section 307 I.P.C. read with Section 34 I.P.C to suffer rigorous imprisonment for life and pay a fine of Rs.50,000/ - each, in default to suffer further rigorous imprisonment for two years, for the offence under Section 27(1) of the Arms Act read with Section 35 of the Arms Act to suffer rigorous imprisonment for 7 years each and pay a fine of Rs.10,000/ -, in default to suffer further rigorous imprisonment for one year, for the offence under Section 9B(1)(b) of the Explosives Act, 1884 the accused appellants were sentenced to suffer rigorous imprisonment for two years each and pay a fine of Rs.3,000/ - each, in default to suffer further rigorous imprisonment for six months each. The said sentences were to run concurrently.

(2.) On passing of the said order a reference was made by the Trial Judge under Section 366 Cr.P.C. and it is only pursuant thereto that the reference has been placed before us for confirmation of the death reference. The accused appellants have also filed appeals against the said judgment and order of conviction which has been registered as CRA 104 of 2016. Both the death reference being Death Reference No.1 of 2016 and Criminal Appeal No.104 of 2016 arise from a common judgment and order of conviction and is being disposed of by a common judgment. The case of the prosecution is that on 23rd November, 2014 at 7 a.m. the accused appellant no.2 alongwith some miscreants entered into the land of the victim with two tractors with an intent to plough the said land and take possession thereof. A protest was raised and in the said protest the accused appellant no.2 and the miscreants opened fire. One bullet injury was suffered by the victim lady and because of such bullet injury, she succumbed to her injuries. Others who were injured in the firing were P.W.7 (Latika Tarafder), P.W.15 (Shyamali Tarafder) and P.W.16 (Rajib Mondal). The victim lady was taken to the Krishnaganj hospital where she was declared dead. P.W.7 and P.W.15 were referred to Shaktinagar hospital while P.W.16 was referred to NRS hospital, Calcutta.

(3.) An F.I.R. was filed on 23rd November, 2014 at 16:05 hours by P.W.1. The husband of the victim lady (P.W.6) filed a complaint on 25th November, 2014. A surathal was conducted in U.D. Case No.63/14 dated 23rd November, 2014 over the body of the victim lady. Thereafter, the body of the victim lady was sent for postmortem to Krishnaganj hospital through Constable -256, Prasad Pramanik. On the basis of the complaint filed, investigation was undertaken, seizures made under a Seizure List and on completion of investigation charge -sheet was submitted against Palash Ghosh, Paresh Ghosh, Lankeswar Ghosh and Jhantu Ghosh under Section 302/34 I.P.C., 307/34 I.P.C., Section 27(1) Arms Act and Section 9B(1((b) of the Explosives Act.