MANOJ ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE hearing stems from an appeal preferred against the judgement and order of conviction and sentence passed by the learned Additional Sessions Judge, Hooghly in Sessions Trial No. 39/ 1993 [s. T. No. 2 of February, 1995] on 10. 3. 1995.

(2.) THE miniaturised version of the prosecution is that on 8. 9. 91 at about 3. 00 p. m. when the de facto complainant Kartick Roy (PW. 1) was catching fish nearby his house from a tank named "nolo Pukur", accused Parimal Saha, who took lease of the said tank for making pisciculture, along with accused Monoj Roy and three others suddenly appeared there and caught hold him. While his elder brother biswanath Roy came to his rescue they leaving the complainant caught hold him resulting in a scuffle between them. The complainant reported the matter to his house and a few neighbourers. Anjali Roy (PW. 2) rushed to the P. O. for saving her husband Biswanath. Accused Monoj struck Biswanath with a knife on his left hand and left side of his back and then all of them started fleeing away. The complainant along with neighbourers Madan Roy (PW. 3), Shibu Roy (PW. 15), paltan Roy (PW. 9), Sanatan Roy (PW. 8), Lakshmi Roy (PW. 7), Dipu Roy (PW. 16)and many others chased them and could apprehend one Ashok Roy who confessed that accused Parimal brought them to commit murder for prevention of catching fish from the tank. Biswanath on his way to hospital succumbed to his injuries. Hence, all the six accused persons were charged under section 302/34 IPC.

(3.) THE defence case is a denial of the commission of alleged offence.