PRAHLAD GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Judgment and order dated 24.08.2016 and 29.08.2016 passed by the learned Additional Sessions Judge, Durgapur in Sessions Trial No. 18 of 2012 arising out of Sessions Case No.10 of 2012 convicting Prahlad Ghosh (appellant in CRA 611 of 2016), for commission of offence punishable under Sections 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay fine of Rs.10,000/-, in default, to suffer imprisonment for one year more and acquitting Laxman Ghosh and Dilip Ghosh @ Alladh (respondent Nos. 2 and 3 in CRA 357 of 2018) is the subject matter of challenge in these appeals being CRA 611 of 2016 preferred by convict Prahlad Ghosh against his conviction and CRA 357 of 2018 preferred by defacto complainant Manik Chandra Gope against the acquittal of Laxman Ghosh and Dilip Ghosh @ Alladh.

(2.) The prosecution case, as alleged against the accused persons is to the effect that on 01.01.2009 at about 7.30 p.m. deceased Rup Chand Gope @ Gaju son of Manik Chandra Gope (PW 1) was sitting on a water pipe near a Durga Temple. At that time Manik Chandra Gope (PW 1) and his wife Parul (PW 2) was watching television in their house; suddenly hearing cries of help from their son they rushed to the spot. They found Laxman Ghosh and his son Dilip Ghosh @ Alladh had caught hold of his son's hand and Prahlad struck him with a Ram da on the back of his neck. Parul (PW 2) embraced her son, while PW 1 tried to resist Prahlad and suffered injury on his left hand. Local people including former panchayet member (PW 6) rushed to the spot. PW 6 informed police over phone and the latter came to the spot. On the written complaint of Manik Chandra Gope (PW 1) Faridpur Police Station Case No.01/2009 dated 02.01.2009 under Sections 302/324/34 of the Indian Penal Code was registered against the accused persons.

(3.) In the course of investigation, the weapon of offence i.e. Ram da was recovered pursuant to the leading statement of Prahlad. In conclusion of investigation charge sheet was filed against the accused persons and charge was framed under Sections 302/34 of the Indian Penal Code. The accused persons pleaded not guilty and claimed to be tried. In the course of trial prosecution examined 11 witnesses and exhibited a number of documents. Defence of the accused persons was one of innocence and false implication. In conclusion of trial the learned Judge by the judgment and order dated 24.08.2016 and 29.08.2016 convicted Prahlad Ghosh for committing murder of Rup Chand Gope @ Gaju and acquitted other two accused persons, namely, Laxman Ghosh and Dilip Ghosh @ Alladh.