PHANI BHUSHAN KONAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) ON a dispute in the matter of using of irrigation water two groups fell out. There had been altercation on the paddy field. The dispute was temporarily resolved. Both groups came back to the village when Ajit assaulted one Sufal Sheet with sphere. Sufal sustained injury. He was taken to the house of Gita Rani Sheet where preparation was being made to send Suful to nearby hospital. Ajit group constantly hurled brickbats on the house of Gita Rani. They ultimately took control of the house and the dragged the victims out of the house. One of the victims Tarapada Malick succumbed to the injury subsequently in the hospital. Others sustained injury and were treated in the hospital. According to the police, Tarapada before his death made a statement, inter alia, under Section 161 of the Criminal. Procedure Code stating that Chandu, Ajit, Biswanath, Phani and others assaulted him by Lathi, Khonch, Chopper (Ram Da ). Biswanath hit him with Chopper on his head. The prosecution through the Investigating Officer exhibited such statement that was accepted by the learned Judge as a dying declaration.

(2.) ALL the accused pleaded not guilty and faced trial. Before the learned Judge the prosecution witnesses being the villagers turned hostile except the Investigating Officer and the Doctor. The complainant himself proved the prosecution case in his examination-in-chief. In cross-examination which was held about two and half months after the examination-in-chief the complainant turned around and demolished the case of the prosecution by confusing the Court by making contradictory statements.

(3.) THE learned Judge heavily relied on the dying declaration as well as the post-mortem report and the evidence of the Doctor and held all the accused guilty of the offence who were named in the said dying declaration.