BHAGABAN DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred the Judgment and order of conviction as passed in Sessions Trial No. 3(8)/87 by the learned Additional Sessions Judge, Coochbehar wherein he convicted the appellant Bhagwan Das for the offence under section 304 Part-11 of the IPC, appellant Sunil Das for the offence under section 324 of the Indian Penal Code and appellant Jogesh Das for" the offence under section 342 Indian Penal Code.

(2.) The fact leading to the said Sessions Trial is that on the basis of the First Information Report dated 14-6-1983, a case under sections 148/326/304 Part-I /342/149 Indian Penal Code was started against the accused persons. It was alleged in the First Information Report that the accused persons after forming an unlawful assembly at Dodeyarpar and being armed with deadly weapons, in prosecution of their common object assaulted and caused injuries to one Amulya Das and his sons. It is the specific case of the prosecution that accused Bhagwan Das threw an arrow which hit the chest of Amulya Das. Accused Sunil Das assaulted Gouranga, Das with a 'Da' and accused Srikanta Das also assaulted Gouranga Das, on his left cheek by a danger. It is the further case of the prosecution that all the accused persons at the relevant time illegally confined Bhobotosh Das in the house of Jogesh Das for giving marriage of Manju Das forcibly with said Bhobotosh Das.

(3.) On 14-6-1983 at about 21-55 hours one Amulya Chakraborty of village Dodeyarpar informed the Officer-in-Charge, Kotwali Police Station over telephone regarding the incident. On the basis of the said telephonic message, Kotwali Police Station G.D. entry No. 690 dated 14-6-83 was diarised. On receipt of the message, the Officer-in-Charge informed the mobile officer, A.S.I., Adhir Roy with the direction to rush to the spot to work out the information. Said ASI went to the village and brought Jogesh Das, Manju Das and Bhobotosh Das under arrest to the Kotwali Police Station. There Bhobotosh Das submitted a written complaint stating the fact leading to the incident. On the basis of the said Statement, Kotwali Police Station Case No. 21 dated 14-6-1983 was started. Similarly, Manju Das made an oral complaint to the Officer-in-Charge, Kotwali Police Station which was reduced in writing and on the basis of that, Kotwali Police Station case No. 22 dated 14-6-1983 was started against Bhobotosh Das. Both the cases were investigated and after investigation charge sheets were submitted in both the cases against the respective accused persons. On the basis of the case No. 21 dated 14-6-1983, as started by Bhobolosh Das, present Sessions Trial was started. On the other hand, on the basis of the Kotwali Police Station Case No. 22 dated 14-6-83 which was started at the instance of Manju Das another Sessions case being No. 27 of 1987 was started against the Bhobotosh Das. It appears from the certified copy of the Judgment, which has been marked as Exhibit-17 in connection with this case, that after full trial Bhobotosh Das was acquitted, so far as said case was concerned. It may be pointed out here that in the said case it was the allegation of Manju Das that Bhobotosh on the false promise of marriage started cohabiting with her and when, as a result of that, she became pregnant, Bhobotosh Das administered some medicines and compelled Manju to consume the same and in the process there was abortion. But in the said case this, allegation could not be proved and as such Bhobotosh was acquitted.