PANCHANANBHAGAT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal against the judgement and order pronounced on 4 October, 2010 and 5 October, 2010by the Learned Sessions Judge, Purulia in ST No. 3/2007 arising out of SC No. 194/06. The case was registered against ten accused persons namely Panchanan, Kedar, Pralhad, Dilip, Manoj, Chandi, Debandranath, Hiralal, Indrajit and Rajesh all with surname Bhagat. They were charged for allegedly havingcommitted offences under Sections 149/448/302 read with Section 34 of the Indian Penal Code, 1860 (IPC). The learned Trial Judge found all the accused persons guilty of the charges on all counts excepting accused no. 9 viz. Indrajit who was acquitted. All the nine convicts were sentenced to undergo life imprisonment and to pay fine of Rs. 5,000/-, in default to suffer rigorous imprisonment for six months for the offence under Section 302 IPC. They were further sentenced to pay fine of Rs. 2,000/-, in default, to suffer rigorous imprisonment for six months for offence punishable under Section 149 IPC for being members of an unlawful assembly as provided under Section 143 IPC. They were also sentenced to undergo rigorous imprisonment for six months and to pay fine of Rs. 1,000/-, in default, to suffer rigorous imprisonment for three months for offence committed under Section 448 IPC. The sentences were directed to run concurrently. The present appeal has been filed by the accused nos. 1 to 8 and accused no. 10.

(2.) The crux of the prosecution case on the basis of the written complaint dated 13 May, 2002 lodged by Rita Bhagat (PW1), the wife of the victim viz. Ajit Bhagat, essentially, is that on 13 May, 2002, at about 8/8.50 P.M. Ajit came home running from the Suisa Market; upon entering the house he informed his wife Rita that a quarrel took place between him and Panchanan at Suisa Market and Panchanan along with his associates were coming to assault him; Rita immediately bolted the entrance door from inside; soon thereafter the accused persons assembled in front of Ajit's house; being ordered by Deben (accused no. 7) the others broke open the entrance door, entered the house and dragged the victim to the door step; there they assaulted the victim with sharp weapons; he was hit on his head and throat with tangi, farshaetc; this resulted in the victim's throat being slit and he died immediately.

(3.) The accused persons pleaded not guilty to the charge.