SUDHIR CHANDRA PAL Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against a judgement and order dated 29th May, 1986 passed by the Additional Sessions Judge, 1st Court, Burdwan in Sessions Trial No. 16 of 1986 arising out of Sessions Case No. 200 of 1983 convicting the appellants, Sudhir and Ajit of the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for life as also to pay a fine of Rs. 2,000/ each in default, to suffer rigorous imprisonment for further five years. They were also convicted of the offence punishable under Section 323 of the Indian Penal Code read with Section 34 thereof and were sentenced to suffer rigorous imprisonment for one year each.

(2.) BOTH the sentences for the aforesaid offences were, however, directed to run concurrently.

(3.) P .W. 8 Dr. Mondal examined both the victims. According to him the injury suffered by Gurupada was simple in nature. But the injury suffered by Sasadhar was very critical. Sasadhar was referred to Burdwan District Hospital for better treatment where Sasadhar succumbed to his injury on 25th December, 1982. In the afternoon of 25th December, 1982 before death of Sasadhar, a written complaint was lodged by Gurupada with the Officer-in- Charge, Police Station Bhatar at 16-05 hrs. At 18-25 hours on 25th December, 1982 wearing apparels of both the injured persons containing bloodstains were seized, vide seizure list which has been marked exhibit 2. Bloodstained earth including controlled earth was seized from the place of occurrence, vide seizure list which has been marked exhibit 3. From the cow-shed of the accused persons two batons (dangs) made of bamboo were also seized vide seizure list which has been marked exhibit 4. Although the victim Sasadhar succumbed to his injury on 25th December, 1982 itself, the police failed to incorporate the same in the case diary. Upon search conducted on 25th December, 1982 the accused persons were not found. They absconded for a few days and surrendered on 30th December, 1982 when they were promptly granted bail presumably because it was not brought to the notice of the court that the victim had already died. It was only on 1st January, 1983 that a prayer was made by the Investigating Officer for adding Section 304 of the I.P.C. Such prayer was allowed. Thereafter, the Investigating Officer prayed for issuance of warrant of arrest which the learned Magistrate refused to issue on the ground that the accused persons had already been enlarged on hail.