MONGAL DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) ON September 6, 1982 at about 11 p. m. in the night one Kashem Sekh was sleeping on the roof of his shallow pump room. He was suddenly attacked by the accused, namely, Mongal Das, Krishna singh and Prabir Mondal. They attacked him with sharp weapon said to be one big knife. The victim tried to resist them and in the process he received injury in his left palm and cheek. He was taken to the hospital by the villagers. He was treated there. In the next morning with the help of the villagers he lodged a diary with the police station. Accordingly, police started investigation and arrested the accused. The accused faced trial after charges being framed. Ultimately the accused were sentenced under Section 307 read with Section 34 of the Indian Penal Code for rigorous imprisonment of 10 years together with fine of Rs. 1,000/- each and in default to suffer rigorous imprisonment for one year more.

(2.) HENCE this appeal by the accused.

(3.) MR. Partha Sarathi Bhattacharyya, learned Counsel, appearing for the appellant, took us to the deposition to point out the discrepancy. According to Mr. Bhattacharyya if the victim was facing the sky as came out in evidence it was not possible for him to identify the accused since they were facing the victim when there was no sufficient light except moonlight.