JAGANNATH MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against judgment and order of conviction dated January 22, 2008 and sentence dated January 24, 2008 passed by the learned Additional Sessions Judge, 2nd Fast Track Court, Jangipur in Sessions Trial No.17(4)/2004 arising out of Sessions Serial No.11/2004 convicting the appellants for commission of offence punishable under Section 302/34 of the Indian Penal Code (hereinafter referred to as the I.P.C.) and sentencing each of them to suffer rigorous imprisonment for life and to pay a fine of Rs.20,000/- each in default to undergo rigorous imprisonment for another 5 (five) years each.

(2.) According to the prosecution case, in a nutshell, on January 10, 1997, at about 7.30 hours one Sitaram Mondal (since deceased), village-Radhanagar, Police Station-Raghunathganj, District-Murshidabad, started proceeding towards Tahabazar Market of Jangipur, District-Murshidabad, riding on a bicycle for selling brinjals in the market. His son Indra Mondal (PW1) was following him taking brinjals in a basket. When the aforesaid Sitaram Mondal (since deceased) reached in front of the shop of selling "Tadi" at Mahabirtala, the appellants hurled bomb aiming at him. The aforesaid Sitaram Mondal fell down on the ground and breathed his last. The appellants fled away. Since the appellants were carrying bombs in their hands, the PW 1 could not catch hold of them.

(3.) A written complaint dated January 10, 1997 was lodged by the PW 1 in Raghunathganj Police Station at 08.20 hours. PW 6 was the scribe of the above written complaint. Formal FIR bearing Raghunathganj P.S. Case FIR No.6/97 was drawn on the aforesaid date, i.e. on January 10, 1997, after making an entry in the General Diary of the above police station bearing No.402 against the appellants for commission of offence punishable under Sections 302/34 I.P.C. PW 8 was engaged as Investigating Officer of the above case. He reached the place of occurrence on the same day i.e. on January 10, 1997, at 8.20 hours.