KIRTIBASH DAS Vs. STATE

JUDGEMENT

(1.) The appellants were tried by a learned Assistant Sessions Judge of Midnapore with the aid of a Jury, Appellant No. 1 was charged under Ss. 304 and 326 or the Indian Penal Code. Appellants Nos. 2 to 9 were charged under Section 304, read with Section 149, I.P.C. The Jury returned unanimous verdicts of guilty under Section 326 on two counts against appellant No. 1 and under Section 326 read with Section 149 against the rest. They were sentenced to divers terms of imprisonment.

(2.) The prosecution case was that the complainant Chandra Mohan Nanda and his brothers were the owners in possession of plot No. 659 of Mouza Gotsanda, recorded in Khatian No. 221, measuring about 1.99 acres. It was alleged that the disputed plot belonged to the deity Raghunath Jiu alias Keshab Jiu which was installed in the house of Abinash Rakhal and Niranjan. The deity along with the disputed debuttar land was alleged to have been given to the Nandas and since then Mrityunjoy, the uncle of the complainant, had been worshipping the deity and had been in possession of the disputed land. After the death of Mrityunjoy, the complainant and his brother claimed to have inherited the said land and had been worshipping the deity and were in possession of the disputed land and they cultivated the land and grew crops thereon in 1362 B.S., the complainant engaged 50/60 reapers to reap the paddy from the land and on the morning or 3rd Aghran, while the reapers were reaping paddy, the appellants being armed with gun, lathis and axe came there. Appellant No. 1 fired from his gun. as a result of which Maijuddin was injured and fell down dead. Malam Khan, Aftar and Torab and others also received injuries and Maiam died on the way, when he was being removed to hospital. A first information was lodged at the thana by P.W. 1' and after investigation the Police submitted charge-sheet.

(3.) The appellants pleaded not guilty. Their defence was that they had purchased the land with the deity from the Shebait Rakhal in 1928 and that since then they had been in possession of the land and had grown crops thereon. On the date of occurrence, while they were reaping paddy, the complainant's party being armed with guns and lathis came there and attacked them. At first they fired blank shots and thereafter in self-defence, some one from them might have fired.