SUSANTA DHALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 25.02.2016 and 26.02.2016 passed by learned Additional Sessions Judge, Fast Track Court, Katwa in Sessions Trial No. 12 of 2009 arising out of Sessions Case No.105 of 2008 convicting the appellants for commission of offence punishable under Sections 302/149 of the Indian Penal Code, 148 and 143 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for life each and to pay a fine of Rs.10,000/- each only, in default, to suffer rigorous imprisonment for one year more for the offence punishable under Sections 302/149 of the Indian Penal Code, to suffer rigorous imprisonment for six months and to pay a fine of Rs.1,000/- each only, in default, to suffer rigorous imprisonment for three months more for the offence punishable under Section 148 of the Indian Penal Code and to pay a fine of Rs.50/- each, in default, to suffer rigorous imprisonment for five days more for the offence punishable under Section 143 of the Indian Penal Code; all the sentences to run concurrently.

(2.) The prosecution case, as alleged against the appellants is to the effect that on 10.4.2007 over a conflict regarding Kali Puja, the appellants along with others being variously armed with lathi, iron crowbar, scythe, chopper illegally entered the house of Sanjoy Sarkar, P.W.4 and Shyamal Mondal, the deceased and hurled abuses at them. When Sanjoy and Shyamal protested, they hit Sanjoy on the hand with a iron crowbar and injured Tulu Sarkar wife of Sanjoy Sarkar, P.W.2, on her hands with scythe. Appellant no.8, Pintu Singh assaulted Shyamal Mondal on his head with a shabal and the brain matter came out. The appellant no.1, Susanta Dhali hit Shyamal with a daa on his shoulder. They also assaulted Sova Mondal, P.W.3 with a chopper on the back. Local people arrived at the spot whereupon the miscreants ran away. The injured persons including Shyamal were admitted to Katwa S. D. Hospital. As condition of Shyamal was critical, he was shifted to Burdwan Medical College and Hospital. In the meantime, Ajay Mondal, brother of Shyamal Mondal lodged written complaint against the appellant Nos.1 to 9 and others under Sections 147/148/149/448/324/326/307 of the Indian Penal Code. On the next day, Shyamal Mondal expired and Section 302 of the Indian Penal Code was added to the array of offences. In conclusion of investigation, charge sheet was filed against the appellants and the case was committed to the Court of Sessions and transferred to the Court of the learned Additional Sessions Judge, Fast Track Court, Katwa. Charges were framed under Sections 148/326/307/302 read with Section 149 of the Indian Penal Code, Section 326 of the Indian Penal Code (with regard to assault on Sanjoy Sarkar, Tulu Sarkar and Shyamal Mondal), Section 307 of the Indian Penal Code (with regard to attempt to murder of Sanjoy Sarkar, Tulu Sarkar and Shyamal Mondal) Shyamal Mondal) against the appellants who pleaded no guilty and claimed to be tried.

(3.) In course of trial, prosecution examined 15 witnesses and exhibited a number of documents. The defence of the appellants was one of innocence and false implication. They, however, did not examine any witness to probabilise their defence. In conclusion of trial, trial Judge by the judgment and order dated 25.02.2016 and 26.02.2016 convicted and sentenced the appellants, as aforesaid.