MIHIR KUMAR MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) All the seven appellants Mihir Mondal, Sunil Mondal, Samir Mondal. Ramkrishna Mondal, Sibu Dubey, Dipak Pal Choudhury and Sukumar Das-were arraigned before a learned Additional Sessions Judge, Burdwan to answer the following charges: That you along with others on or about the 20th May, 1981 corresponding to 6th Jaistha, 1388 B.S. Kanarkita, P.S. Burdwan, Dist. Burdwan were members of an unlawful assembly and did in prosecution of the common object of such assembly, viz, in murdering Badal Hazra Badal Chandra Hazra. Sb L. Kripa Sindhu Hazra and to attempt to commit murder to Kartick Ch. Hazra, Sadananda Hazra, Biswa Nath Hazra, all sons of L. Kripa Sindbu Hazra and to assault Arati Hazra, daughter of L. Kripa Sindhu Hazra, all of the same place, commit the offence of rioting and at that time were armed with deadly weapons to wit, lathi, tangi axe etc. and thereby committed an offence punishable under section 148 I.PC, and within my cognizance. Secondly: That you alongwith others on or about the same date and at the same place were members of an unlawful assembly and in prosecution of the common object of which viz, in murdering Badal Hazra Badal Ch. Hazra and attempted to commit murder to Kartick Ch. Hazra, Sadananda Hazea. Biswanath Hazra, all sons of Late Kripa Sindhu Hazra and to assault Arati Hazra, daughter of Late Kripa Sindhu Hazea all of the same place some of the members did commit murder by intentionally causing the death of said Badal Hazra Badal Chandra Hazra, which offence you knew it to be likely to be committed and you are thereby under section 149 of the I.P.C. guilty of causing the said murder to Badal Hazra Badal Ch. Hazra an offence punishable under section 302 I.P.C. and within my cognizance. Thirdly: That you along with others, were members of an unlawful assembly and in prosecution of the common object of which viz, murdering Badal Hazra Badal Ch. Hazra and attempt to commit murder to Kartick Ch. Hazra, Sadananda Hazra. Biswanath Hazra all sons of Late Kripa Sindhu Hazra and to assault Arati Hazra, daughter of Late Kripa Sindhu Hazra all of the same place some of your members did an acted wit, assaulted said Kartick Ch. Hazra with such intention and under such circumstances that if by that act some of you had caused the death of said Kartick Ch. Hazra and they would have been guilty of murder and that some of you had caused hurt to said Kartick Ch. Hazra by the said act which offence you knew it to be likely to be committed and you are thereby under section 149 of the I.P.C. guilty of causing the said hurt to said Kartick Ch. Hazea, an offence punishable under section 307 I.P.C. and within my cognizance. Fourthly: That you alongwith others on or about the same date at the same place were members of an unlawful assembly and in prosecution of the common object of which viz, in murdering Badal Hazra Badal Ch. Hazra and attempted to commit murder to Kartick Ch. Hazra, Sadananda Hazra. Biswanath Hazra all sons of Late Kripa Sindhu Hazra and to assault Arati Hazra, daughter of Late Kripa Sindhu Hazra all of the same place some of your members did an act to wit, assaulted said Sadananda Hazra with such intention and under such circumstances that if by that act some of you had caused the death of said Sadananda Hazra, they would have been guilty of murder and that some of you had caused hurt to said Sadananda Hazra by the said act which offence you knew it to be likely to be- committed and you are thereby under section 149 of the I.P.C. guilty of causing the said hurt to said Sadananda Hazea an offence punishable under section 307 I.P.C. and within my cognizance. Fifthly: That you alongwith others on or about the same date and at the same place were members of an unlawful assembly and in prosecution of the common object of which viz, in murdering Badal Hazra Badal Ch. Hazra, and attempted to commit murder to Kartick Ch. Hazra, Sadananda Hazra, Biswanath Hazra -all sons of Late Kripa Sindhu Hazra and to assault Arati Hazra daughter of Late Kripa Sindhu Hazra all of the same place, some of your members did at act to wit assaulted said Biswanath Hazra with such intention and under such instances that if by that act some of you had caused the death of said Sadananda Hazra, they would have been guilty of murder and that some of you had caused hurt to said Biswanath Hazra by the said act which offence you knew it to be likely to be committed and you are thereby under section 149 of the I.P.C. guilty of causing the said hurt to said Biswanath Hazra and offence punishable under section 307 I.P.C. Sixthly: That you alongwith others on or about the same date and at the same place were members of an unlawful assembly and in prosecution of the common object of which viz, in murdering Badal Hazra Badal Ch. Hazra and attempted to commit murder to Kartick Ch. Hazra, Sadananda Hazra, Biswanath Hazra ali sons of Late Kripa Sindhu Hazra all of the same place, some of your members voluntarily caused hurt to said Arati Hazra, which offence you knew it to be likely to be committed and you are thereby under section 149 of the I.P.C. guilty of voluntarily causing hurt to said Arati Hazra an offence punishable under section 323 I.P .C. and within my cognizance.T

(2.) On conclusion of the trial, the learned Additional Sessions Judge found all the seven appellants guilty of the charge under sections 302/149, Indian Penal Code, convicted them there under and sentenced them each to imprisonment for life and fine of Rs. 5.000/- in default to rigorous imprisonment for 5 years. They were also convicted under section 148, Indian Penal Code and were sentenced to rigorous imprisonment for 3 years each. They were further convicted under sections 324/149, Indian Penal Code for causing incised injury to Biswanath Hazra and sentenced to rigorous imprisonment for 1 year such. All of them were also convicted under sections 323/149, Indian Penal Code for causing simple hurt to Kartick Hazra Sadananda Hazra and Arati Hazra and sentenced to rigorous imprisonment for 1 year each. All the sentences under different counts were ordered to run concurrently. The appellants seek to assail the said order of conviction and sentence in this appeal.

(3.) The prosecution case in a nutshell was that appellant Mihir Mondal abducted and married Minati, daughter of Ganesh Das, cousin of Badal Hazra (the deceased) against the will of her guardians and this created ill-feelings between the Hazras and the Mondals. Badal had a quarrel with Mihir and his brothers over the said marriage in the morning of May 20, 1981.