KANAI MARDI Vs. STATE OF W B

JUDGEMENT

(1.) THIS appeal is directed against a judgment dated 2nd January 1995 passed by the learned Additional Sessions Judge, Raiganj, Uttar Dinajpur, in Sessions Trial No. 12 of 1994 arising out of Sessions Case No. 80 of 1993 by which the appellants were convicted for the offences punishable under sections 148, 302 read with section 149 IPC as also under section 326 read with section 149 of the IPC and were sentenced by an order dated 6th January 1995 to imprisonment for three years for the offences punishable under section 148 of the IPC. They were also sentenced to suffer imprisonment for life as also to pay a fine of Rs. 2000/- each, in default to suffer rigorous imprisonment for two years each for the offences punishable under section 302 IPC and were also sentenced to suffer rigorous imprisonment for 10 years as also to pay a fine of rs. 1000/- each, in default to suffer rigorous imprisonment for one year each for the offence punishable under section 326 IPC. All these sentences were directed to run concurrently. The amount of fine, if realized, was directed to be paid to the heirs of the deceased Dhirendra Nath Mondal.

(2.) BRIEFLY stated the facts and circumstances of the case are as follows:-On 11th January 1989 at about 4 P. M. Dhirendra Nath Mondal was assaulted in the house of his uncle Mahadeb Mondal. In order to save his life he ran from the house of Mahadeb. He entered the house which previously belonged to him but of-late had been sold by him. He was chased and killed thereafter. A written complaint was lodged by Ananda Mohan Roy, a witness, within less than 5 hours. The distance of the police station is about 17 kilometers from the place of occurrence. The eyewitnesses examined in this case claimed to have unsuccessfully tried to rescue the deceased. They could not save him but got beaten up in the process. The written complaint was lodged against 12 accused persons specifying their names. Reference was also made to others meaning thereby that besides those 12 persons there were others who had participated in the assault. 15 persons were charged. Out of them 8 persons were acquitted and the rest 7 were convicted, as more fully indicated above, who have come up in appeal. From the evidence of the Autopsy Surgeon, it appears that the deceased was most cruelly put to death. Following injuries, according to him, the deceased had suffered:-

(3.) IT is the wound incised 3"x ""x muscle deep on the back of lower part of right side of chest. This injury I saw is the injury on the back side. I have special training in postmortem is the training for 6 months. I have no special degree for postmortem" p. Ws. 1,2,3,5 and 7 were the eyewitnesses. From the suggestions given to the prosecution witnesses it appears that a tank known as Bokapukur was claimed by the assailants to have been in their possession whereas the deceased had also staked claim with regard thereto. He had also prevented the assailants from fishing in that pond. The assault it appears commenced in the house of P. W. 2 Mahadeb. The victim ran for his life, entered the courtyard of the house which he previously owned and had lately sold out which has commonly been referred to as Dhiren's house. His dead body was found in the courtyard of that house under a jackfruit tree where the inquest took place. The exact location is illustrated by the sketch map marked ext. 10 which read with the inquest report, marked ext. 5, makes it clear that from the house of Mahadeb the deceased had run for life in the northeast corner of his house which he had lately sold out. In the courtyard he was put to death.