LALU MAJHI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 25/26th February, 2014, passed by the learned Additional Sessions Judge, Bolpur, Birbhum in Sessions Trial No.04(November)/2014 arising out of Sessions Case No.73 of 2014 convicting the appellant for commission of offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs. 10,000/-.

(2.) The prosecution case as alleged against the appellant is to the effect that on 8.5.2014 at about 7.00 P.M., the appellant along with the other accused persons being armed with lathi, crowbar, katari attacked Bhairav Majhi over the issue of using a pathway. P.W.1, Haridasi Majhi, wife of the victim and Bipad Taran Majhi, P.W.4, brother of the victim rushed to save him. In the presence of the aforesaid witnesses and others, the appellant hit the victim on the head with a crowbar. The other accused persons also assaulted the victim. The victim was removed to hospital where he was declared dead. On the written complaint of P.W.1, Nanoor Police Station No.57 of 2014 dated 9.5.2014 under Sections 302/34 of the Indian Penal Code was registered against the appellant and other accused persons viz., Jharna Majhi, Buro Majhi and Manik Mmajhi under Section 302/34 of the Indian Penal Code. In conclusion of investigation, charge sheet was filed against the appellant and Buro and Manik under the aforesaid provisions of law.

(3.) The case being a sessions triable one was committed to the Court of Sessions and transferred to the Court of the learned Additional Sessions Judge, Bolpur, Birbhum for trial and disposal. Charge was framed under Section 302/34 of the Indian Penal code against the appellant and other accused persons. The appellant pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined 12 witnesses in support of its case and exhibited a number of documents. The defence of the appellant was one of innocence and false implication. In conclusion of trial, the trial Judge by the impugned judgment and order dated 25/26th February, 2014 convicted and sentenced the appellant, as aforesaid. The other accused persons were, however, acquitted of the charge levelled against them.