PACHA SK. Vs. THE STATE

JUDGEMENT

(1.) Criminal Appeal No. 290 of 1979 is an appeal from Sessions Trial No. 1 of June, 1979, held by the learned Additional Sessions Judge, Murshidabad, in which the appellant was convicted under section 325, I.P.C. for voluntarily causing grievous hurt to Darbesh Sk. who died. The appellant was sentenced to 5 years R.I. under section 325, I.P.C. At the trial, 15 other accused were jointly tried with the appellant under section 304/34, I.P.C. for causing the death of Darbesh Sk. alias Mondal as also under section 325/34, I.P.C. for causing grievous hurt to Kasem Sk. The other 15 accused were acquitted of all the charges, while the appellant only was convicted simpliciter on the lesser offence under section 325, I.P.C. relating to the said Darbesh Sk. and was acquitted of the charge as against Kasem Sk.

(2.) The prosecution case is that in a field at Gobindapur, Darbesh Sk. alias Mondal was beaten to death by the appellant and others, as a result of which the victim died in hospital. The post-mortem examination on the deadbody was performed on 20.11.75, the incident having taken place on previous date. The defence was that of false implication and that both the victims were criminals, accused of murder and were chased and assaulted by the villagers, while assisting the police in the chase.

(3.) In this case, although the incident happened on 19.11.75 and investigation began on the next day since the F.I.R. was lodged on the 20th Nov., 1975 by the daughter of the victim Darbesh (P.W.l), yet the charge-sheet against the appellant and others was submitted as late as 1.4.77 as the case was reopened for investigation under the orders of the S.P., Murshidabad on 18.1.77. The prosecution examined 23 witnesses. The defence did not examine any witness.