SADHU SARDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 18.9.2014 and 20.9.2014 passed by the learned Additional District & Sessions Judge, Ranaghat in connection with Sessions Trial No. 10(8)2002 corresponding to Sessions Case No. 54(4)2002 convicting the appellants for commission of offences punishable under sections 302/326/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for life and to pay fine of Rs.5,000/- each in default, to suffer rigorous imprisonment for six months more for the offence punishable under Sections 302/34 of the Indian Penal Code and to suffer rigorous imprisonment for ten years and also pay a fine of Rs.5,000/- each, in default, to suffer rigorous imprisonment for six months for the offence punishable under section 326/34 of the Indian Penal Code, both the sentences to run concurrently.

(2.) The prosecution case as alleged against the appellants is to the effect that on 29.10.1998 at around 10.00 p.m. Panchanan Bose (the deceased) and one Brojen Bose was returning home. When they reached near the house of Gopal Das six persons encircled them. Five of them were armed with 'Da' and one Nara had a rubber tube in his hand. Nara placed the tube around the neck of Panchanan and exhorted others to kill him. At that time Khokan Sardar assaulted Panchanan with a 'Da' on the backside of his head. Panchanan fell down. Sadhu tried to assault him but failed as Panchanan had sat down after receiving the blow from Khokan. Brojen raised hue and cry. He was also assaulted by Manik Sarder and Gutkel with 'Da'. He received bleeding injuries. He cried for help. Hearing his cries, Namita, wife of the deceased (P.W. 1) and one Amaresh Bose, (P.W. 4) reached the spot. Panchanan was conscious and asked for water. Both the injured persons were taken to Ranaghat S.D hospital and thereafter shifted to NRS hospital. Over the incident Namita (P.W 1) lodged FIR being Ranaghat P.S Case no. 236/98 dated 30.10.98 under sections 326/34 IPC against unknown miscreants. On the way to hospital Panchanan Bose expired and Brojen (P.W 10) was treated in the said hospital for two months. Brojen was interrogated in the hospital by police on 30.10.98 and on the next day he disclosed the incident to Namita (P.W 1) and others.

(3.) 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 Additional District & Sessions Judge, Nadia for trial and disposal. Charges were framed under section 302/326/34 against the appellants and four others. In the course of trial prosecution examined 13 witnesses and exhibited a number of documents. Defence of the appellants was one of innocence and false implication. Nara @ Narayan expired in the course of trial. One Neurosurgeon who examined Khokan Sardar in 2013 was examined as court witness. In conclusion of trial, learned trial judge convicted and sentenced the appellants, as aforesaid. However, by the self-same judgment and order, other accused persons were acquitted.