UDAY BAGDI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 22/23.12.2014 passed by the learned Additional Sessions Judge, Bolpur, Birbhum in Sessions case no. 142/2004 (Sessions Trial No. 21 of 2008) convicting the appellant for commission of offence punishable under Section 304 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 5,000/, in default to suffer simple imprisonment for six months more.

(2.) The prosecution case, as alleged, against the appellant and other accused persons is to the effect that on 11.5.2003 at about 9/10 a.m. there was a dispute over a cow eating paddy in the village. Over such issue around 4 p.m. wife of Somai Bagdi assaulted Latika, sister in law of the de facto complainant Duryodhan Bagdi by pulling her hair. When the de facto complainant protested the appellant along with other co-accused persons namely Arun Bagdi, Somai Bagdi, Buro Bagdi, Lalu Bagdi accompanied by their wives attacked them with lathi, iron rod, knife, axe etc. Kartick Bagdi, nephew of the de facto complainant intervened and was assaulted by the appellant and Somai Bagdi with lathi and axe. As a result, he died on the spot. Maka Bagdi and others also suffered injury. Over the incident, FIR was registered against the appellant and other accused persons being Nanoor P.S case no. 46/03 dated 11.5.2003 under section 147/149/323/325/302 IPC. In conclusion of investigation charge-sheet was filed under the aforesaid sections. The case being a sessions triable one, was committed to the Court of Sessions and transferred to the Court of Additional Sessions Judge, Bolpur, Birbhum for trial and disposal.

(3.) Charges were framed against the appellant and Somai Bagdi under section 302/34 IPC and against the other accused persons under sections 148/323/325/149 IPC. The appellant and the other accused persons pleaded not guilty and claimed to be tried. In the course of trial prosecution examined 15 witnesses and exhibited a number of documents. In conclusion of trial, the trial Judge by judgment and order dated 22/212.2014 convicted and sentenced the appellant, as aforesaid. By the selfsame judgment and order the trial Judge acquitted other accused persons Arun Bagdi, Somai Bagdi, Buro @ Sanatan Bagdi, Lalu Bagdi, Santana Bagdi, Laxmi Bagdi, Gita Bagdi, Tarubala Bagdi of the charges levelled against them.