MADAN SARDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgement and order dated 22nd April, 1983 passed by the learned Additional Sessions Judge, 13th Court, Alipore convicting the appellants under section 307/34 of the Indian Penal Code and sentencing each of them to suffer rigorous imprisonment for seven years and to pay Rs. 1,000/-, in default to suffer rigorous imprisonment for one year more.

(2.) Shortly stated, the prosecution case runs as follows: The informant Basudev Dey Basu resides with his parents at 9/1D, Sahanagore Road within Police Station Tollygunge. Accused Madan Dey is known to him from before. There is a hair cutting saloon under the name and style "Lucky Saloon" on Sahanagore Road. On 11-Z-80 at about 9-30 A.M. the informant entered into the said saloon. While he was combing his hair inside the saloon, accused Madan called him by his name from a distance. He did not reply. Then Madan suddenly stormed into the saloon and caught hold of the collar of his shirt and dragged him into street and asked him to accompany him. Basudev refused to oblige him. This angered Madan and he brought out a knife about 1 ft. long from his waist and stabbed him on the chest. Basu tried to flee away and began to run for safety. Then he found two persons standing at a distance of 15 ft. blocking his way. Accused Raghu armed with a daggar was one of them. The other was not known to him. Raghu stabbed him on his rib bone also on his chest with the dagger of his hand. He fell down on the road and got up and rushed towards the office of Lakshmi Babu's Union with the bleeding injuries on his person where he met some of his comrades. They took him to Ramkrishna Mission Seva Pratisthan, Lansdowne Road, Calcutta, in a Jeep for treatment of his injuries. Meanwhile police authorities of Tollygunge Police Station received certain information about the incident from one Sadhan Bose and S.I. A. N. Chowdhury along with force proceeded towards the spot on foot. S.I. A. N. Chowdhury did not find the injured there and he came to know that the injured had been removed to Ramkrishna Mission Seva Pratisthan. Then he went to Ramkrishna Mission Seva Pratisthan and met the injured in Ward No. B2 of the said hospital. The injured narrated the incident to S.I. A. N. Chowdhury, who recorded his statement. The statement was read over and explained to him and he put his signature on it. The said police officer returned to Tollygunge Police Station and started Tollygunge P.S. Case No. 50 dated 11-2-80 against accused Madan and Raghu and another unknown man under section 307/34 of the Indian Penal Code.

(3.) P .W. 1 is the only witness to the occurrence. He supports the prosecution case. He implicates the appellants who stabbed him with knives.