GAURANGA PAIK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 03.02.2011 and 04.02.2011 passed by the learned Judge, Special Court, (E.C. Act) cum Additional Sessions Judge, Hooghly in Sessions Trial No. 17 of 2005 which corresponds to Sessions Case No. 153 of 2004 convicting thereby the appellants for commission of an offence punishable under Sections 341/34, 302/34 and 323/34 of the Indian Penal Code and sentencing them to suffer simple imprisonment for one month and to pay a fine of Rs.500/- in default to suffer simple imprisonment for a further period of one month each for the offence punishable under section 341/34 of the Indian Penal Code, to suffer rigorous imprisonment for life each and to pay fine of Rs.2,000/- each in default to suffer rigorous imprisonment for a further period of six months each for the offence under Sections 302/34 of the Indian Penal Code and also to suffer rigorous imprisonment for one year each and to pay fine of Rs.1,000/- each in default to suffer rigorous imprisonment for a further period of two months each for the offence under Sections 323/34 of the Indian Penal Code; all the sentences were directed to run concurrently.

(2.) The prosecution case as alleged against the appellants is to the effect that on 11.09.2002 at around 9/9:30 P.M. the appellants attacked Baidyanath Saha, the deceased, in front of the house of Chittaranjan Pal, mother-in-law of the deceased (P.W. 3) had abused one Amit Sarkar (P.W.4) a relation of the deceased over the issue that the latter was having an affair with the sister-in-law of the appellant no.1.

(3.) In the course of the incident the appellant No.1 Gauranga Paik assaulted the deceased with ramdaa on various parts of the body whereas the appellant No.2 assaulted him with lathi. PW1, Saraswati Adhikary, PW 2, Sumitra Saha, PW 3, Ganga Adhikary, PW 4 Amit Sarkar, PW 6 Puspa Adhikary rushed to the spot and resisted the appellants. Thereupon appellant No.2 assaulted PW 1 Saraswati Adhikary, PW 2 Sumitra Saha and PW 3 Ganga Adhikary with lathi. Baidyanath fell down at the spot and died. Over the incident PW 1 lodged FIR at Chinsurah Police Station being Case No.177/02 dated 12.09.02 under Sections 341/325/302/34 of the IPC against the appellants. In conclusion of investigation charge sheet was filed against the appellants. Charges are framed under sections 341/34 IPC, 302/34 IPC and 323/34 IPC against the appellants. They pleaded not guilty and claimed to be tried.