RUPCHAND MAHATO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against a judgment dated 19th March 1996 passed by the learned Sessions Judge, Purulia, in Sessions Trial No. 2 of 1993 arising out of Sessions case No. 74 of 1989 convicting the appellants Rupchand Mahato, Gauranga Mahato and Jitu Mahato and acquitting Shrimati Lalita Mahato for the charges punishable under sections 302 read with 34 IPC. The accused Rupchand and Gangadhar were also convicted under section 307 read with section 34 IPC. By an order dated 22nd march 1996 the learned Sessions Judge sentenced all the three accused to life imprisonment for life as also to pay a fine of Rs. 1000/- each under section 302 read with section 34 IPC, in default to undergo further rigorous imprisonment for a period of three months. The convicts Gangadhar and Rupchand were also sentenced to imprisonment for life for the offence punishable under section 307 read with section 34 IPC as also to pay a fine of Rs. 1000/- each, in default to undergo further rigorous imprisonment for three months. Both the sentences were directed to run concurrently.

(2.) BRIEFLY stated the facts and circumstances of the case are as follows:-On 27 August 1987 in the morning at about 7"o clock Kista Rajwar and his son bhiguram Rajwar went to their field. They excavated a nala (outlet) to bail out the excess water. When the excavation of the nala was almost complete and they were preparing to go back the accused Jitu, his wife Lalita and their sons Rupchand and gauranga, three of them armed with tangee (sharp cutting weapon), appeared on the scene and protested against the excavation of the outlet. After an initial altercation jitu, Rupchand and Gangaram inflicted fatal injuries on the head of Kisto, as a result thereof he died on the spot. The Autopsy Surgeon found the following injuries on the body of the deceased Kisto and deposed that anyone of the aforesaid injuries was in the ordinary course of nature sufficient to cause death.

(3.) THE accused Lalita also received a cut injury above her left eyebrow which according to P. W. 6, Dr. Roy, was a simple injury. The accused Rupchand received a lacerated injury above the right-elbow over the anterior aspect which according to Dr. Roy (P. W. 6) was grievous in nature. Rupchand was also referred to Purulia Sadar hospital. He was treated there as an indoor patient and was discharged on 18th september 1987. P. W. 10, Sub-Inspector Subhajit Chowdhury got a telephonic message from the station Master, Jhalda Railway Station, intimating a clash and nothing more. Based on that information he went to the P. O. ; saw the dead body, cordoned off the place of occurrence; headed to the Kotshila Public Heath Center and interrogated Bhriguram rajwar who had already been hospitalized. He recorded the statement and on that basis a formal FIR was drawn and Jhalda P. S. Case No. 4 dated 27th August 1987 was started under sections 302,307, 326 read with section 34 IPC. P. W. 10 thereafter went to the Purulia Sadar Hospital and recorded the statement of Rupchand and on that basis drew up a formal FIR and started Jhalda P. S. Case No. 5 dated 27th August 1987 under section 326 read with section 34 IPC. The case and the counter-case were both tried. We are told that the counter-case arising out of Jhalda P. S. Case No. 5 dated 27th august 1987 resulted in acquittal and the case arising out of the Jhalda P. S. Case No. 4 dt. 27th August 1987 culminated in conviction as indicted hereinabove. Mr. Sengupta, learned Senior Advocate, assisted by Mr. Dey, learned Senior advocate, appearing for the appellants advanced the following submissions:-