PRATAP BHANU KUMAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant has been convicted for commission of offence punishable under Sections 304 Part II /447 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs.2,000/-, in default, to suffer simple imprisonment for four months for the offence punishable under Section 304 Part II of the Indian Penal Code and to suffer further rigorous imprisonment for three months for the offence punishable under Section 447 of the Indian Penal Code, both the sentences to run concurrently. Hence, the present appeal.

(2.) The prosecution case, as alleged against the appellant and other accused persons, is to the effect that on 14.6.91 at about 10.30 hours when Sudhannya Kumar, Radhagobinda Kumar and Jadupati Kumar (the victim) were ploughing their land in mouza Ghutunia for sowing seeds, the appellant along with Pratap Bhanu Kumar, Raghunath Kumar and Gour Gopal Kumar being armed with tangi, ballam, bows and arrows trespassed into their land. The appellant fired from his pistol and thereafter the other accused persons struck with tangi, arrows and spear. Consequently, Radhagobinda Kumar fell down and it is alleged that the appellant struck a blow in his abdomen. The complainant, Sudhanya Kumar was also struck on his head with farsa and sustained bleeding injuries. Thereafter, the accused persons fled away. Over such issue, Jhalda P.S. Case no.51 of 1991 dated 14.6.91 under Sections 323/324/326 of the Indian Penal Code along with Sections 25/27 of the Arms Act was registered against the appellant, Raghunath Kumar and Gourgopal Kumar. Upon the death of the victim Section 302 of the Indian Penal Code was added. Prior to commencement of trial accused Raghu Nath Kumar died and accused Gour Gopal Kumar had absconded. Hence, charges were framed under Section 447/302/307/34 of the Indian Penal Code against the appellant alone.

(3.) In the course of trial, prosecution examined 7 witnesses and exhibited a number of documents. The defence of the appellant was one of innocence and false implication. First information report of a counter case being Jhalda P.S. Case No.51 of 91 dated 14.6.91 under Sections 323/324/326 of the Indian Penal Code was exhibited by the defence.