(1.) The appeal is directed against the judgment and order dated 10.5.2012 and 11.5.2012 passed by the learned Additional Sessions Judge, 1st Court, Purulia in Sessions Trial No.22 of 2008 arising out of Sessions Case No.186 of 2008 convicting the appellants for commission of offence punishable under Sections 302/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for life each and to pay fine of Rs.5,000/- each. The fine amount if realized, would be paid to the heirs of the victim.
(2.) Prosecution case, as alleged, against the appellants is that on 12.7.98 at 10.00 P.M., there was a dispute over catching of fish between Abodh Saran Gope, the deceased on the one hand and Ashadhan Gope, Bhadru Gope and Sasthi Gope on the other hand. The miscreants were chased away. Tulshi Gope, father of Bhadru and Sasthi threatened Abodh that he has become a rich person and should be taught a lesson. On 13.7.98, Abodh Gope, who was the Headmaster of Sirkadih Primary School, had gone to the school to discharge his duties. Around 1.00 P.M., the appellants being variously armed assaulted Abodh in the school resulting in his death. The incident was witnessed by P.W.6, Mathur Gope who reported the matter to Nilmohan Gope, P.W.3, brother of the deceased. Nilmohan Gope intimated Monoj Kumar Gope, P.W.1, son of the deceased who along with his uncle went to the spot and found his father dead. On the way to the police station, they were threatened by Sasthi Gope and Ashadhan Gope. Written complaint was lodged at Baghmundi Police Station resulting in registration of Baghmundi P.S. Case No.32 of 1998 dated 13.7.1998 under Sections 302/109/34 of the Indian Penal Code. In the course of investigation, the appellants were arrested and on the leading statement of Ashadhan Gope, it is alleged that bhojali, tangi and dagger were seized from the tank of Durga Charan Singh. In conclusion of investigation, charge sheet was filed and the case was committed to the Court of Sessions and transferred to the court of the learned Additional Sessions Judge, 1st Court, Purulia for trial and disposal. Charges were framed under sections 302/34 and 201/34 of the Indian Penal Code. In the course of trial, prosecution examined 19 witnesses and exhibited a number of documents. The defence of the appellants was one of innocence and false implication. In conclusion of trial, trial court by judgment and order dated 10.5.2012. and 11.5.2012 convicted and sentenced the appellants, as aforesaid.
(3.) Mr. Moinak Bakshi, learned Counsel appearing for the appellants argued that the prosecution essentially hinges on the evidence of the sole eye witness, P.W.6. P.W.6 is an unreliable witness. It is difficult to comprehend how he saw the incident which occurred inside the class room while walking down the road. Subsequent conduct of the witness in not disclosing the matter to local villagers is also unnatural. P.W. 1 and P.W.3 and other witnesses have enmity with the appellants and embellished their versions to falsely include Sasthi and Ashadhan who were not named by P.W.6 as the assailants. Deposition of these witnesses are also at variance to their earlier statements made to the police. Recovery of the alleged weapons is from a pond which is not within the exclusive control of the appellants and the fact that the articles were not sealed, labelled or sent for F.S.L. examination creates a dent in the prosecution case. Hence, the appellants ought to be acquitted of the charges levelled against them.