TAPAN MAJHI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 25.03.2015 and 26.03.2015 passed by the learned Additional Sessions Judge, 3rd Court, Purulia in Sessions Trial No. 03/2014 arising out of Sessions Case No.398/2013 convicting the appellants under Sections 302/201/120B of the Indian Penal Code and directing appellants to suffer imprisonment for life and to pay a fine of Rs. 3,000/- each, in default, to suffer simple imprisonment for three months more for the offence punishable under Section 302 IPC and to suffer imprisonment for three years each and to pay a fine of Rs.2,000/- each, in default to suffer simple imprisonment for three months more for the offence punishable under Section 201 IPC and to suffer imprisonment for one year each for the offence punishable under Section 120B IPC. All the sentences to run concurrently.

(2.) Prosecution case as alleged against the appellants and co-accused Pinki Mondal is to the effect that on 10.09.2013 Tapan Majhi and his wife Namita Majhi had taken the latter's father Anadi Charan Daripa (the deceased) to their rented accommodation at Chirabari. On 13.09.2013 at about 2 p.m. Namita Majhi and her daughter Pinki Mondal informed Sabita Dutta (PW 1) another daughter of the deceased that their father hanged himself and died. PW 1 and others rushed to the place of occurrence and found that Anadi Charan Daripa was hanging from a nail on the wall with a red string tied around his face and his feet were touching the ground. They suspected the deceased had been murdered by the appellants and their daughter Pinki Mondal over property. On the written complain of PW 1, Purulia Town Police Station Case No.102 of 2013 dated 13.09.2013 under Section 302/34 of the Indian Penal Code was registered for investigation. Accused persons were arrested and upon conclusion of investigation charge sheet was filed against them. Case was committed to the Court of Sessions and transferred to the Court of the Additional Sessions Judge for trial and disposal. Charges were framed under Sections 302/120B and 201/120B of the Indian Penal Code. Accused persons pleaded not guilty and claimed to be tried. Prosecution examined 16 witnesses and exhibited a number of documents. Defence of the accused persons was one of innocence and false implication. In conclusion of trial, learned Trial Judge by judgment and order dated 25.03.2015 and 26.03.2015 convicted and sentenced the appellants, as aforesaid. Co-accused Pinki Mondal was convicted for commission of offence under 201/120B IPC but acquitted of the charge under section 302/120B IPC.

(3.) Mr. Bakshi, learned Counsel appearing for the appellants argued that there is no evidence on record that the appellants were present in the rented accommodation on the fateful day. The appellants had their permanent residence at village Pata-Hensla within Baghmundi P.S. and none of the witnesses including the landlords (P.W 7 and P.W. 9) or neighbours P.W 8 and P.W 10 stated that on the fateful day the appellants were residing in the tenanted accommodation at Chirobari. Motive of commission has also not been proved beyond doubt. False plea as to the cause of death is of no consequence as it has not been proved beyond doubt that the appellants were in the rented accommodation when the incident occurred. In fact, the victim was found hanging from a nail on the wall with a rope tied round his head which may have given rise to an impression of suicidal death in the minds of the appellants. Hence, the prosecution case has not been proved beyond doubt and the appellants are entitled to an order of acquittal.