SEKHAR NAIYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against a judgment dated 23rd April, 1990 passed by the learned Additional Sessions Judge, 4th Court, 24 parganas (S), Alipur, in Sessions Trial No. 2 (7) 1989 arising out of Mandir Bazar P. S. Case No. 11 dated 23rd April, 1984 by which the accused Sekhar Naiya was convicted under Sections 302/148/323 of IPC. The accused Sunil Naiya, Prashanta Naiya, Satya naiya, Chandi Naiya, Manoranjan Naiya and gorachand Naiya were convicted under Section 148, IPC. The convict Sunil Naiya and prakash Naiya were also convicted under section 323, IPC. By an order dated 24th april 1990 the convict Sekhar Naiya was sentenced to rigorous imprisonment for life for the offence punishable under Section 302, IPC. He was further sentenced to rigorous imprisonment for 2 years for the offence punishable under Section 148, IPC and was further sentenced to rigorous imprisonment for one year for the offence punishable under Section 323, IPC. All the sentences were however directed to run concurrently. The convicts Sunil Naiya and prashanto Naiya were sentenced to rigorous imprisonment for 2 years for the offence punishable under Section 148 and further sentenced to rigorous imprisonment for one year for the offence punishable under Section 323, IPC. Both the sentences were directed to run concurrently. The convicts satya Naiya, Chandi Naiya, Manoranjan naiya and Gorachand Naiya were sentenced to rigorous imprisonment for 2 years for the offence punishable under Section 148, IPC. Accused Khokan Naiya was found not guilty of the charges framed against him and accordingly he was acquitted from all the charges framed against him by the learned trial Court. All the 7 convicts have come up in appeal.

(2.) THE facts and circumstances of the case briefly stated are as follows :-The convicts were the neighbours of the victim Suryakanto Naiya. The accused sekhar and Pankaj were alleged to have insulted Smt. Sandhyarani Naiya, wife of suryakanto, a young woman aged about 23 years. She naturally was offended and informed the matter to her husband suryakanto who was then in Calcutta. Suryakanto went home. Presumably after he ascertained about what had offended his wife, he lodged a general diary at the police station and returned home at about 10 a. m. on 23rd April, 1984. Soon thereafter, there was an altercation between the said suryakanto on the one hand and the accused Prakash on the other. During this altercation Prakash instigated his son Sekhar to assault Surya. Surya was assaulted by sekhar with a ballam. Sandhya, his wife naturally rushed to rescue her husband. She was also assaulted. She raised alarm as a result whereof the sons of the brother of suryakanto rushed to the place of occurrence. They wanted to rescue Suryakanto and his wife Sandhya and in the process they were also beaten up. Suryakahto was severely injured. He was admitted to the local hospital. His condition deteriorated whereupon he was shifted to Bangur Hospital where he died on 26th April, 1984, P. W. 2 Sandhyarani Naiya the widow of the deceased Suryakanto, P. W. 4 Subarna Naiya, p. W. 5 Jaydev Naiya, P. W. 6 Balakrishna naiya and the P. W. 7 Nirapada Naiya were also injured during the incident.

(3.) P. WS. 4, 5, 6 and 7 are all sons of pulin, the elder brother of the deceased suryakanto. P. Ws. 2 and 5 were examined by Dr. Goswami (P. W. 12), P. W. 4 was examined by Dr. Mondal (P. W. 11 ). P. W. 4 disclosed to the P. W. 11 Dr. Mondal the names of his assailants. The deceased Suryakanto was examined by the P. W. 12 Dr. Goswami. He was admitted to the Diamond Harbour sub-Divisional Hospital from where he was shifted to the Bangur Hospital where he died. P. W. 1 Shiboprasad Naiya and the P. W. 3 gopal Naiya were declared hostile. However, both the hostile witnesses had deposed about the incident so that as regard the fact that such an incident happened in which several persons, indicated above, were injured, can safely be inferred. P. W. 4 Subarna naiya in his cross-examination deposed, inter alia, as follows :-"i know the Anchal Pradhan. Prakash naiyer was called. He had altercation with surya Kanta Naiyer prior to the incident. The altercation was on the matter of defaming my aunt, by Shekhar Naiyaer and Pankaj naiyer on Sunday. "