KALIPADA MAHATO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal from the judgment and order of conviction passed by Shri I. Sambui, AddI. Sessions Judge, Purulia on 22nd March, 1986 in Sessions Case No. 98 of 1984, Sessions Trial No.6 of 1986. The prosecution case as it appears from the evidence seems to be the following:

(2.) The informant Anil Mahato, almost all the eye-witnesses and an the accused are residents of village-Chakirban under Purulia (Mofassil) P.S. The informant happens to be the M.R. (Modified Ration) Dealer of his village. Some of the villagers thought that Anil charged them more for goods short supplied and they applied to the relevant office of the Food Supplies Department for transferring their cards to the shop of the M.R. Dealer at Balarampur. At the instance of Anil a meeting was called by the President and the Secretary of the local M.R. Dealers Union. The meeting was held in the field in front of the local primary school and the proceeding of the meeting started at about 2.00 p.m. on 31st December, 1982. Anil attended the meeting with a number of his relations including his brother Nagen Mahato. A large number of men attended the meeting. The President and the Secretary requested the villagers not to transfer their cards to another village. The applicants accepted their proposal. Some of them told Anil to withdraw a dacoity case that he had started against one Bibhuti Gope and others. Anil did not agree and this led to a quarrel. At this time the accused persons left the spot and they came back immediately thereafter armed with axes and lathis. Two of them viz, appellants Bhabatosh and Saran an caught hold of Nagen, the brother of Anil, while the appellant Kalipada hit him on his head with an axe: Nagen collapsed to the ground. Anils brother Jagannath (P.W. 4) their uncle Ganesh (P.W. 2) and their cousins Kumed and Samir (P.Ws. 3 and 19) ran to his aid when the appellants assaulted and injured them with lathis and axes.

(3.) Anil and others went to Nagen. He was found dead. Meanwhile one Shantiram Mahato had informed the local Police Station about the incident over the phone (Ext. 2/0 and the Police arrived at the spot at or about 4-15 p.m. Anil handed over to the officer a written statement (Ext. 1/I) of the incident which was treated as the F.I.R. and over which a case was started. Investigation was taken up immediately and some of the accused were arrested and others surrendered,