BISWANATH KONAI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeals are directed against the judgment and order dated 28.11.2017 and 29.11.2017 passed by the learned Additional Sessions Judge, Fast Track Court, Katwa in Sessions Trial No. 134 of 2007 arising out of Sessions Case No. 87 of 2007 convicting Biswanath Konai ( appellant in CRA 54 of 2018) under Section 326/304 (part II) of the Indian Penal Code and directing him to suffer rigorous imprisonment for a period of five years and to pay a fine of Rs.3000/- only in default to suffer rigorous imprisonment for one year more for the alleged offence under Section 326 of the Indian Penal Code and to suffer rigorous imprisonment for a period of eight years and to pay a fine of Rs.5,000/-, in default to suffer rigorous imprisonment for two years more for the offence punishable under section 304 (part II) of the Indian Penal Code and convicting Sushil Konai (appellant in CRA 75 of 2018) for commission of offence punishable under Section 324/304(part II) of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for a period of one year and to pay a fine of Rs.500/- in default to suffer for one month more for the offence punishable under section 324 of the Indian Penal Code and to suffer rigorous imprisonment for 5 years and to pay a fine of Rs. 5000/-, in default to suffer rigorous imprisonment for two years more for the offence punishable under section 304 (part II) of the Indian Penal Code, both the sentences to run concurrently.

(2.) Prosecution case as alleged against the appellants is to the effect that on 21.10.2004 at about 8.30a.m Prabir Kumar Prodhan was engaged in raising a fence around his barn in order to prevent damage to foodgrains stored therein by cattle. At that time the appellants along with other accused persons viz. Ashok Kumar Prodhan, Amrita Konai, Lalmohan Konai, Patai Konai, Ujjal Konai, Jyotsna Konai, Suchitra Konai, Sushil Kumar Konai and Biswanath Konai under the leadership of Ashok Kumar Prodhan being armed with hasua, ramdaw,lathi, boti, sabol etc. attacked Prabir Kumar Prodhan and assaulted him on various parts of his body including his head. As a result Prabir suffered bleeding injuries and he shouted for help. Hearing his shouts Netai Prodhan and Gour Prodhan (P.Ws. 3 and 4 herein) came to the spot and were also severely assaulted by the accused persons. Local people intervened and called the police. Police came to the spot and rescued Prabir Kumar Prodhan. He was initially taken to the police station and was arrested in connection with the counter-case registered against him over the self-same incident and subsequently shifted to hospital where he breathed his last on 28.10.2004. Over the incident first information report was registered by P.W. 1, Tara Rani Prodhan, wife of the deceased, being Ketugram Police Station Case No. 73 of 2004 dated 28.10.2004 under Sections 147/148/149/325/326/307 of the Indian Penal Code. Subsequent to death of the victim Section 302 of the Indian Penal Code was added to the array of offences.

(3.) In conclusion of investigation charge-sheet was filed against the appellants and other accused persons and the case was committed to the Court of Sessions for trial and disposal.