SADANANDA MONDAL Vs. STATE OF W B

JUDGEMENT

(1.) THESE two appeals arise out of a judgment dated 17th February, 2004, and an order dated 19th February, 2004 passed by the learned Additional Sessions Judge, Fast Track Court-1, Krishnagar, district - Nadia in Sessions Trial No. III of December, 2003 arising out of sessions Case No. 2 (10) 2003 convicting 8 (eight) appellants in all under section 302 of the Indian Penal Code read with section 34 thereof. By the order dated 19th February, 2004, all the appellants were sentenced to life imprisonment together with fine of Rs. 5,000/- each, in default to suffer further rigorous imprisonment for one year each.

(2.) C. R. A. No. 155 of 2004 has been preferred by Sadananda Mondal. C. R. A. No. 166 of 2004 has been preferred by Mahitosh Mondal, Brojen Mondal, manoj Mondal, Newton Mondal, Sukhen Mondal, Dilip Tarafdar and biswanath Mondal. All these 7 (seven) appellants were enlarged on bail by an order dated 6th April, 2004, passed by a Division Bench of this Court. The appellant, Sadananda Mondal in CRA No. 155 of 2004, was subsequently enlarged on bail by an order dated 28th March, 2005.

(3.) THE prosecution case briefly stated is that on 14th January, 2002, there was a picnic held in the kash field. In the picnic the participants quarrelled between themselves which, however, was resolved through the mediation of well-meaning persons. When the participants were coming back, Bharat mondal was shot at by the accused Sadananda being aided and abetted by others. It appears that 14 (fourteen) persons were chargesheeted. Six of them were acquitted by the learned Trial Court. Eight of them have been convicted. At their instance, these two appeals were filed more fully stated hereinabove.