SURINDER SINGH & ORS Vs. STATE

JUDGEMENT

(1.) The appeal is directed against the judgement and order dated 31.3.1993 passed by the learned Additional Sessions Judge, 2nd Court, Howrah in S.T. Case no. VIII(7)/1992 convicting the appellants for commission of offence punishable under Sections 302/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for life.

(2.) Prosecution case, as alleged, against the appellants is to the effect that on 25.5.1989 at around 9.30 p.m. the victim Biswanath Shaw came to his house running and searched for a lathi. His wife Mamta Shaw, P.W 1 herein, was present at the house at that time. He could not find any lathi in the house and as he was leaving the house in an agitated condition, his wife, Mamta tried to resist him, but failed. Hence she rushed after him. When the victim reached in front of a club near wireless quarter, the accused/appellant Surinder caught hold of him and the appellant Balbant and another person who was subsequently identified as Manoj Tiwari assaulted him with knife. He tried to free himself and finally ran away. After running for some distance he fell down in front of the Pioneer factory. Mamta raised alarm and hearing the alarm local people assembled at the spot. They lifted the victim and proceeded to Uttarpara Government Hospital. Mamta accompanied them and from the hospital went to Bally P.S and lodged complaint which was registered as Bally P.S Case no. 145 dated 25.5.1989 against Surinder, Balbant and another unknown assailant under section 326/34 IPC. In the meantime the victim was declared dead in the hospital and section 302 was added.

(3.) In course of investigating, P.W 1 Mamta identified the appellant Manoj Tiwari in TI parade and charge sheet was filed against the appellants under section 302/34 IPC.