BRINCHI SHET Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 26th September, 1986 passed by the learned Additional Sessions Judge, 2nd Court, Murshidabad in Sessions Trial No. 1 of July 1986 arising out of session Serial No. 213 of 1985 convicting the appellants namely Brinchi shet, Satya Kinkar Shet, Manik Shet, Ashoke Shet and Shyamal Shet under Sections 148 and 304 read with Section 149 of I. P. C. and an order passed on the same date by which the appellants were convicted and sentenced to suffer Rigorous Imprisonment for eight years as also to pay fine of Rs. 1,000/- each, in default to suffer further Rigorous Imprisonment for a period six months each for the offence punishable under Section 304 read with Section 149 of I. P. C. They were also sentenced to suffer r. I. for two years for the offence punishable under Section 148 of I. P. C. The substantive sentence awarded to the appellants were ordered to run concurrently. The fine, if realised had been directed to be paid to the parents of the deceased Joydev Guin of Village Koregram within the limits of Bharatpur P. S. , District Murshidabad.

(2.) BEING aggrieved by the orders of conviction and sentence passed by the learned trial Court, the appellants have preferred the present appeal.

(3.) PROSECUTION version in a nutshell is that on 24th August, 1984 corresponding to 7th Bhadra 1391 B. S. , Friday at about 1 p. m. , a quarrel ensued between the appellant Satya Kinkar Shet and the victim Joydev guin in Koregram Village over the dispute of damaging of paddy by buffaloes of the appellant Satya Kinkar Shet. The said quarrel was aggravated to such an extent that the appellants Ashoke and Brinchi assaulted the victim with fists and blows and the appellants Satya Kinkar shet, Manik Shet and Shyamal Shet assaulted the victim with lathis and in consequence thereof the victim fell down on the ground. The informant khirod Kr. Guin (P. W. 1) along with others took victim Joydev first to Teniya health Centre. Thereafter, Joydev was admitted in Salar Hospital wherefrom he was shifted to Berhampur General Hospital.