STATE OF WEST BENGAL Vs. BIJOY MODAK

JUDGEMENT

(1.) THIS appeal preferred by the State is directed against a judgment and order dated 25th november 1987 passed by the learned Additional sessions Judge, Coochbihar, in Sessions Trial No. 4 (4) of 1987 arising out of sessions Case No. 19 of 1984 acquitting the accused Bijay Modak, Rajen Modak, tarapada Modak, Chitra Modak, Hira Modak and Madhab Modak of, the charges under sections 302 and 201 both read with Section 34 of the Indian Penal Code.

(2.) THE facts and circumstances of the case briefly stated are as follows : -On 14th Bhadra 1383 B. S. corresponding to 31st August 1981. hearing a hue and cry, the de facto complainant Smt. Mayarani roy and Smt. Buli Roy both wives of Narayan chandra Roy accompanied by the other members of the family rushed to the house of the accused Rajen Modak and found their husband Narayan Chandra Roy confined in the courtyard of the accused Rajen. Upon enquiry they were told by Rajen that Narayan had entered his house and tried to press the mouth of his wife with an ulterior motive. He did not succeed in his attempt because Rajen's wife had cried out. The detainee however denied to have done any such thing. The de facto complainant requested for release of her husband which was bluntly refused. She was told that he would be taught a good lesson. The accused Madhab then reached the place. He was told about the incident by the accused Bijay. Madhab became very furious. He instigated the accused rajen, Hira, Bijay, Chitra, and trapada to take Narayan to the Pakhidanga club for trial. Prayer of the de facto complaint to let the victim off was brushed aside. The accused persons together with the victim set out for the intended destination. The de facto complainant and the co-wife followed them. They were forbidden from doing so but they persisted. The accused persons made the victim to enter the club and thereafter they shut out the door. The de facto complainant by peeping could gather that an injury with a knife was dealt into his chest. Her husband dropped down. His shirt became bloodstained. The de facto complainant returned to her matrimonial house and informed the matter to her parents-in-law. Assistance of the village chowkidar was sought for but he refused to extend any. In the morning the brothers of the victim and his mother accompanied by the de facto complainant went to the club room but no one was found there. The de facto complainant thereafter lodged the written complain at about 13. 30 hrs. on 1st september 1981 which has been marked exbt. 4.

(3.) ON 2nd September 1981, the dead body of the victim packed in a gunny bag was found floating at the junction of jhajhalia and Mara Dharla rivers. The bag was brought on the bank and the dead body of the victim Narayan was recovered.