LOHARAM GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal directed against the judgment and order of conviction dated 27 of September, 2012 and 29 September, 2012 passed by the Learned Additional Sessions Judge, First Track Court-III, Krishnanagar, Nadia in Sessions Trial No.VII (March)2008 arising out of Sessions Case No. 69(5) 2007 convicting the appellant under Section 302/34 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life as well as pay a fine of Rs. 5000, in default to suffer rigorous imprisonment for 9 months each.

(2.) The case of the prosecution, in brief, is that information was lodged by Uday Ghosh, son of Sadhan Ghosh that on 22 October, 1995 at about 8 a.m. due to a previous quarrel the accused alongwith Jhunu Ghosh, Duryodhan Ghosh, Bhanshi Ghosh and Naru Ghosh all of a sudden attacked the house of the complainant with spear, battle-axe, ram-dao, pipe gun and also threw brickbats. As a result of the attack, the uncle of the complainant Tapas was wounded by brickbats on his head and his grandmother Jamuna Bala Ghosh was also wounded by brickbats on her right leg. At the time of the attack, the accused Loharam Ghosh fired a gun-shot with a pipe-gun at the father of the complainant, Sadhan Ghosh. Consequently, a bullet struck the father of the complainant on his belly due to which he sustained severe bleeding injuries. Thereafter, some people including the complainant took the complainant's father to the Dhubulia hospital for treatment and subsequently the father was referred to Saktinagar Hospital by the doctor. But due to the injuries he had suffered Sadhan Ghosh ultimately succumbed and died.

(3.) Upon receipt of the complaint by the Dhubulia Police Station, the police investigated the case and submitted a charge sheet against the appellant and the other accused persons. The case being a Sessions triable case, was committed to the Court of the Learned Sessions Judge at Nadia which was thereafter transferred to the Additional Sessions Judge, Fast Track Court-III, Krishnanagar, Nadia. Subsequently, charges were framed under Section 302/34 of the IPC against all the accused persons including the appellant. The appellant pleaded not guilty and claimed to be tried.