PANCHANAN DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) 15 appellants who were convicted by the learned Additional Sessions Judge, 6th Court at Midnapore on 18th June, 1987 in connection with Sessions Trial No. 3(10) of 1985 and 2(5) of 1986 under Section 304(II)/323 read with Section 149 IPC and under Section 148 of the IPC and sentenced to suffer R.I. for 5 years and to pay a fine of Rs. 500/- with default stipulation under Section 304 (II) read with Section 149 IPC, to suffer R.I. for one year each under Section 323 read with Section 149 IPC, and to suffer R.I. for two years under Section 148 IPC have preferred this appeal. P.W. 1, Lakshman Chandra Samanta of village Begunberia under P.S. Sutahata lodged an ejahar against 16 accused persons including the present 15 appellants on 4th June, 1982 at 23-45 hrs. alleging the following incident:

(2.) At about 9-00 p.m. on 4th June, 1982 the accused persons being armed with ballam, bows and arrows, sword, bombs etc. attacked the house of Satyeswar Bera to loot his movables. At that time he (defacto complainant) was in the group of processionist in connection with immersion function of the Goddes Mansa. A hue and cry was heard. He along with villagers came to the house of Satyeswar Bera and found the appellant Panchanan Das striking blow against Satyeswar by means of ballam near his abdomen, Debaprasad Kalsa struck Gopal Adak (P.W. 9) on his chest by ballam, appellant Achinta Kalsa threw arrow against Naru Gopal Maity and appellants Ajit Das and Ratan Das assaulted severely Tukubala Adak (P.W. 10), the mother of Gopal. Other appellants were in the group of the assailants and they fled away. It was learnt by him that a dacoity had been committed in the house of Satyeswar Bera. On the complaint of P.W. 1, Lakshman Chandra Samanta, Sutahata P.S. Case No. 2 dated 4th of June 1982 under Section 147/148/149/448/326 and 307 IPC and under Section 6(3) of Indian Explosive Act was registered against the appellants and upon completion of investigation charge sheet was submitted against all of them under the aforesaid sections of law with addition of Section 302, IPC in view of Satyeswar Bera having succumbed to the injuries. The learned Additional Sessions Judge, 6th Court, Midnapore framed charges against the 15 appellants as aforesaid under Section 148/302 read with Section 149/324 read with Section 149/323 read with Section 149 and 307 read with Section 149 against the appellants. Appellant Ajit Das, Ananda Das and Dinesh Kalsa were also charged with Section 5 of the Explosive Act. Upon trial the 15 appellants were convicted and sentenced in the manner as aforesaid. Though prosecution examined 17 witnesses, evidence of P.W. 1, Lakshman Samanta, P.W. 2, Sukesh Maity, P.W. 5, Sankar Bera (son of the deceased Satyeswar Bera), P.W. 9, Gopal Chandra Adak, P.W. 10, Tukubala Adak and P.W. 11, Rash Behari Adak are worth considering in view of the fact that all of them claimed to be the eye-witnesses to the incident and of the said witnesses, P.W. 9, P.W. 10 and P.W. 11 are the injured witnesses.

(3.) Before we enter into the evidence of the principal witnesses let it be recorded at the outset that the defence case that it was not a case of assault by known persons upon Satyeswar Bera who later succumbed to the injuries in a hospital at Calcutta on 11th of June, 1982 and other persons; on the contrary it was a case of dacoity in the house of P.W. 5, Sankar Bera, the son of the deceased Satyeswar Bera and the appellants against whom the prosecution witnesses had animosity because of political rivalry have been falsely implicated. We find from evidence of P.W. 1, P.W. 2 and P.W. 5 that there was a background to the incident. The accused persons admittedly are resident of different villages, namely Bahardab, Begunberia and Dandipur. They, according to the evidence of P.W. 1, P.W. 2 and P.W. 5 are members of a local club called 'Hatat Sangha'. At about 7 or 8 p.m. on the day of the incident they had come to the house of P.W. 5 to demand of Rs. 10,000/- on account of a religious festival. When P.W. 1 and others reached the house of the deceased on hearing hue and cry the appellants went away. But they came again at 9-00 p.m.