SASTHIDHAR CHOWDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal and the criminal revisional application are directed against the Judgment of conviction and sentence passed by learned Additional Sessions Judge, 2nd Court, Suri, birbhum convicting and sentencing the accused persons viz. Sasthidhar Chowdhury, Pradip Chowdhury, Sanat Chowdhury, Sishir chowdhury, Nilmoni Mondal, Rammoni Mondal and Shyammoni mondal to suffer RI for one year under section 147 and to suffer RI for nine years and to pay a fine of Rs. 1000/- each in default to suffer RI for a further period of six months under section 304 part I read with section 149 IPC with the direction that both the sentences shall run concurrently.

(2.) TEN persons faced the trial and eight persons were convicted with the sentences as aforesaid and remaining two viz. Balak Mondal and shaktipada Chowdhury were acquitted of the charges by the learned trial Court. The defacto complainant Nirodbaran Chowdhury filed the revisional application against the order of acquittal passed by the learned Trial Court in respect of Balak Mondal and Shaktipada Chowdhury.

(3.) THE informant Nirodbaran Chowdhury lodged complaint with the o. C. Mohammed Bazar P. S. alleging that on 13. 11. 1983 at about 3. 30 p. M. his father Umapati Chowdhury and his uncle Nirmal Chowdhury were spinning rope under the 'chala' of the cow shed. At that time the twelve accused persons having formed an unlawful assembly and being armed with deadly weapons came to the informant's plot No. 1140 for stacking straw. The father and the uncle of the informant forbade them and at that time the accused persons viz. Sishir having 'tangi' in his hand, Dulal with 'kencha', Sanat and Sasthi with bamboo lathi assaulted the father and the uncle of the informant. Dual Chowdhury being armed with spear (ballam) and Sishir by means of 'tangi' inflicted assault. Sanat and Sasthi assaulted Umapati and Nirmal by means of lathi. The injured were taken to the hospital After receipt of the complaint the P. S. case No. 5 dated 13. 11. 1983 was started under sections 147/447/323/326/307 IPC. Later on Umapati and Nirmal succumbed to the injuries and section 302 IPC was added.