KALIPADA BOURI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal arose out of a judgment and order dated 22nd february, 1989, passed by the learned Assistant Sessions Judge, Purulia, in sessions Case No. 133 of 1987 arising out of G. R. Case No. 2040 of 1982 convicting all the appellants under section 307 read with Section 34 of the indian Penal Code and Section 326 of the Indian Penal Code. They were sentenced to suffer imprisonment for a period of eight years for the offence punishable under Section 307 read with Section 34 of the Indian Penal Code. The accused Kushadhaj Mondal, Kalipada Bouri, Mohn Routh and Ramprosad routh were sentenced to suffer in addition imprisonment for a period of five years for the offence punishable under Section 326 of the Indian Penal Code. Both the substantive sentences were, however, directed to run concurrently. All the ten convicts came up in appeal. They were enlarged on bail by an order dated 20th July, 1989.

(2.) BRIEFLY stated the facts of this case are as follows : on 8th November, 1982, at about 8. 30 P. M. in the evening when the victim Debu Bouri and his brother Labu Bouri were returning from their field, they were attacked by the accused persons. Kushadhaj Mondal and Mohan routh exploded a bomb targeted at Debu Bouri which injured him severely. The accused Kalipada Bouri and Ramprosad Routh were armed with tangi and tabla respectively. They attacked Labu Bouri inflicting severe injuries. The rest of the accused persons accompanying the aforesaid four had aided and abetted the aforesaid four persons in perpetrating the crime. The victims debu Bouri and Labu Bouri ran for their lives but fell down and both became unconscious one after the other. The P. W. 1, Gumapada Bouri, victims' sister's son, got in touch with the Station Master, Ram Kanali Railway Station and an information through him was lodged with the concerned police station. The police thereafter came and removed the injured persons to the local hospital. The condition of both the victims was very serious. The P. W. 12, Dr. Amitava chatterjee, performed surgical operation both upon Debu Bouri and Labu Bouri. The following injuries were found on the body of Debu Bouri:

(3.) ACCORDING to the P. W. 12, Dr. Amitava Chatterjee, the injury suffered by the victim, Debu Bouri, was grievous in nature and appeared to have been caused by explosion of bomb.