SASTHI BAGDI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence passed by learned Additional Sessions Judge, 2nd Court, Bankura convicting Sasthi Bagdi and Ananda Bagdi and sentencing them to suffer imprisonment for life and to pay fine of Rs. 5,000/- each in default S, i. for six months under S. 302/34, I. P. C. One Dilip Bagdi lodged complaint with the O. C. of Patrasayer P. S. alleging that on 25-2-1995 at about 6.00 p.m. his brother Bhagya Bagdi alias Ajit Bagdi was stabbed to death by Sasthi Bagdi. The father of the informant died about a year prior to the lodging of the complaint. Gangarani Bagdi, the mother of the informant, had an illicit relation with Sasthi Bagdi from before the death of her husband. Following the discussion in the Salish, the mother of the informant was no longer willing to continue any relationship with Sasthi. But very often Sasth tried to have illicit relation with Gangarani forcibly. On the date of incident in the evening Sasthi and his elder brother Ananda being highly excited entered into the house of the informant and tried to lift Gangarani. The informant with his brothers resisted and Ananda with the help of 'kencha' and Sasthi with the help of dagger (chora) attacked the informant and his brothers. The informant somehow managed to escape and took shelter in the house of one Ghosh. The second brother of the informant could not escape and he was assaulted in his back and neck by means of dagger. The aunt of the informant tried to resist but she was assaulted on her leg by Ananda Bagdi by means of 'kencha'.

(2.) After the receipt of the complaint the P. S. case was started under Section 302/324, I. P. C. After completion of investigation charge sheet was submitted, The learned trial Judge on perusal of the materials on record framed charge under Section 302/34, I. P. C. and 324/34, I. P. C. against both the accused persons to which they pleaded not guilty and claimed for trial. In this case the prosecution examined as many as 20 P. Ws. including the persons of the neighborhood, the witnesses of seizure, Autopsy Surgeon and I. O, P. W, 1 Falguni Ghosh, P. W. 2 Kalidasi Delui, P. W. 9 Yudhisthir Ghosh, P. W, 11 Swapan Ghosh, P. W. 15 Dilip Bagdi (de facto complainant) were declared hostile.

(3.) The learned Trial Judge upon consideration of the materials on record was pleased to pass the judgment of conviction and sentence holding that both the accused persons committed the murder of Bhagya Bagdi in the manner as stated by the prosecution but, the charge under Section 324, I. P. C, against the Ananda Bagdi was not proved as the injured Kalidasi was declared hostile and did not make any allegation against accused Ananda Bagdi. The learned Trial Judge observed that in the result the charge under Section 302/34, I. P. C. as framed against both the accused persons was proved beyond any manner of doubt, but, the charge under Section 324, I. P. C. against Ananda Bagdi failed. The learned Trial Judge ultimately convicted Sasthi Bagdi and Ananda Bagdi under Section 302/34, I. P. C. and passed the sentence as aforesaid. The learned Judge acquitted Ananda Bagdi of the charge under Section 324, I. P.C.