PRABIR BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) At the outset, it is submitted that appellant Prabir Biswas in CRA 45 of 2014 has expired. Death certificate is placed on record. Hence, it is recorded that the said appeal has abated due to death of the appellant. Other appeals being CRA 455 of 2013, CRA 557 of 2013, CRA 534 of 2013, CRA 411 of 2013 CRA 792 of 2013 are taken up for hearing analogously and are being disposed of by a common judgment and order.

(2.) The appeals are directed against the judgement and order dated 11.05.2013 & 13.05.2013 passed by the learned Additional Sessions Judge Special, Fast Track Court-IV, Krishnagar, Nadia in Sessions Case No.50(9)/2007 (corresponding to Sessions Trial No.II(12)/2007 convicting the appellants for commission of offence punishable under Sections 148/149/448/427/307/302 of the Indian Penal Code and sentencing them to suffer imprisonment for life and to pay a fine of Rs.10,000/- in default to suffer simple imprisonment for another two years.

(3.) Prosecution case, as alleged, against the appellants is to the effect that there was a land dispute between Atul Biswas on the one hand and Shayamapada Sen, P.W.1 and his brother Anup Sen, the deceased herein on the other hand. A civil suit was instituted by the appellants and an order of status quo had been passed in the said suit. On 30.11.1996 at 7.45 A.M. it is alleged that the appellants had come to the homestead land of Shyamapada Sen and Anup Sen and started demolishing the paddy husking machine room which was occupied by Anup. A commotion ensued. Thereafter, Anup was assaulted by the appellants with various weapons and fell down on the ground. He was shifted to Krishnaganj Hospital. On the written complaint of Shayamapada, P.W.1, F.I.R. was registered being Krishnaganj P.S. Case No.152/96 under Sections 147/148/149/448/427/323/324/325/326/304 of IPC and under Sections 25/27 of the Arms Act. Upon the death of Anup, offence under Section 304 was added. In conclusion of investigation, charge sheet was filed in the instant case under Sections 147/148/149/448/427/323/324/325/326/304 IPC and under Sections 25/27 of the Arms Act was filed against the appellants.