BRIHASPATI MAHALI Vs. STATE OF W B

JUDGEMENT

(1.) THIS appeal is directed against a judgment dated 17th March 2004 passed by the learned additional Sessions Judge, Fast Track Court, Purulia, in Sessions Trial No. 26 of 2003 arising out of Sessions Case No. 96 of 2001 convicting the appellants namely Brihospati Mahali, Kalipada mahali and Harbara Mahali under section 302 read with section 34 of the Indian Penal Code and an order dated 18th March 2004 by which the aforesaid convicts were sentenced to rigorous imprisonment for life as also to pay a fine of Rs. 5000/- each, in default to suffer further rigorous imprisonment for one year. Rest of the accused were acquitted. The convicts have come up in appeal. Briefly stated the facts and circumstances are that there was a dispute as regards title in respect of a piece of land which according to the case of the accused persons had been transferred by the deceased to Agnu Mahali, father of the accused Harbara Mahali. The deceased Dukhu however appears to have been in possession thereof. On 22nd July 1993 in the morning at about 8 a. M. when the deceased was cultivating the said piece of land, the appellants armed with deadly weapons reached the spot and picked up a quarrel. The deceased out of fear took to his heels. He was chased and killed on the spot. P. W. 1 Janaki, widow of the deceased and the P. W. 5 Kalabati, daughter of the deceased are the eyewitnesses. The Baligara P. S. is at a distance of 20 K. M. from the place of occurrence. A written complaint was lodged on 22nd July 1993 at 12. 55 hrs. implicating the accused persons. The motive of the accused persons is established by the trend of cross-examination and suggestions given to the witnesses of the prosecution. P. W. 1, the widow of the deceased in her cross-examination deposed as follows:-

(2.) THE accd. Persons gheraoed my husband. The persons who gheraoed my husband, I cannot say their names at present moment but I can identify them, they are present today in court and identified. My husband after sustaining injury fell on the earth and he succumbed to his injuries there. " p. W. 5, daughter of the deceased, deposed as follows: "i along with my parents were cultivating in our land. At that time Brihaspaty mahali, Kali Mahali, Harbara Mahali came at our land and asked us to stop cultivation. Kali Mahali had a sword in his hand and Harbara was carrying an axe and brihaspati had tabla in his hand at that time.

(3.) ON hearing their threatening while we were running away at that time near the school Brihaspaty hit my father with a tabla on his head and other two persons gheraoed my father at the time of said attack. Because of such attack on the head of my father he died on the spot. I narrated the incident to Partha and Sultan. Brihaspati, Harbara and Kala are present today in court and identified. "