BADAL DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against a judgment dated 20th Janaury, 2004 passed by Sri K. R. Ahmed, the learned Additional Sessions Judge, 2nd Court, Berhampore, Murshidabad in Sessions Trial No. 680 of 2002 arising out of G. R. Case No. 485 of 1996 convicting the appellants under section 302 read with section 34 of the Indian Penal Code and an order dated 21st January, 2004 by which the appellants were sentenced to suffer rigorous imprisonment for life and also to pay fine of Rs. 5. 000/- each, in default to suffer further rigorous imprisonment for six months each.

(2.) THE accused Nemai Pal, Kalu Pal and Babu Pal, tried as the co-accused, have been acquitted from the charges under section 302 read with section 34 of the Indian Penal Code.

(3.) BRIEFLY stated the prosecution case is that on 4th April, 1996 at about 4. 00 P. M. the appellants Badal and Nakul aided by the appellants Sanjoy and Santi, hurled two bombs at Santosh Nandi. As a result he fell down. Wife of the victim Santosh who was following him raised hue and cry. The local people rushed to the place of occurrence. The victim disclosed the names of the assailants. He was lifted on a van and was sought to be taken to a hospital but he died on the way. Seven persons were chargsheeted. Four of them have been convicted and the balance three have been acquitted as already indicated.