RAMDHANI CHOUDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) - This appeal is directed against the judgment dated 12-8-1991 passed by the learned Sessions Judge, Maida in Sessions Case No. 102 of 1987 (Sessions Trial No. 21 of 1991) convicting all the appellants, namely, Ramdhani Chaudhury, Ramrup Chaudhury, Ramprobesh Chaudhury, Rainsi and Rani Singh Chaudhury, Sugrib Chaudhury, Ganesh Chaudhury and Hemraj Chaudhury under Sections 302/149, IPC and, sentencing them thereunder to suffer imprisonment for life. Appellants were also convicted under Section 148, IPC though no separate sentence was passed in respect of conviction under Section 148, IPC.

(2.) Prosecution case, in short, is that on 27-5-1986 at about 3.15 p.m. P.W. I Khoka Chaudhury lodged an oral complaint before Officer-in-Charge of Maida Police Station alleging, inter alia that on that very day at about 8.00 in the morning informant alongwith, his brother Jagannath Chaudhury (since deceased) and other family members. Namely, Gandhi Chaudhury, Nikhil Chaudhury, two sons of the deceased. Abhimanyu Chaudhury and Kailash Chaudhury came to and were cultivating their land under Sanjail mouza. After they cultivated their land for sometime at about 10/10.30 a.m. P.Ws. Khiroda Chaudhury and Pushia Chaudhury being the wife of P.W. 1 and the deceased respectively came to the said land with food for P.W. 1, deceased and others. When they were taking the said food sitting on the land of occurrence where they did their cultivation work for sometime appellants and 10-15 other unknown persons formed an unlawful assembly being armed with deadly weapons like lathi, spear (ballam), farsha, hasua, bow and arrows etc. and came to the said land of deceased after crossing the western danra land (raised land) and suddenly appellant No.1 Ramdhani Chaudhury assaulted the deceased with a farsha from behind on his neck and instantaneously the deceased received serious bleeding injury on his neck and as a result he died at the spot. Informant tried to flee away when appellant Ramprobesh Chaudhury chased him with a farsha. Ramprobesh assaulted informant with the said farsha and as the informant tried to resist the same by raising his right hand, he sustained injury on the forefinger of his right hand. Seeing this his wife P.W. 5 Khiroda Chaudhury came to save the informant. Appellant Ramprobesh Chaudhury then assaulted Khiroda Chaudhury with hasua on the neck. As a result she sustained severe bleeding injury and fell down on the ground and became senseless. Informant also saw that his son P.W. 4 Gandhi Chaudhury tried to flee away out of fear. However, appellant Ramrup Chandhury assaulted him with ballam from the backside. He also assaulted Chand Chaudhury with a ballam. Remaining appellants and other accused rounded up the party of the deceased and as a result initially they could not flee away. Ultimately, while fleeing away from the said land informant saw the deceased lying dead. He also saw P.W. 4 Gandhi Chaudhury lying on the ground. It has further been stated in the said oral information that at the time of occurrence near the land of the prosecution party P.W. 12 Jagannath Chaudhury and many others were working in their field and witnessed the occurrence. Informant I also mentioned in his said oral information that there was a dispute between the parties over 0.57 decimal of land being a part of plot No. 1266 of mouza Balarampur and for that the trouble between the parties intensified. On the basis of the said oral complaint, which was reduced into writing by the Police Officer, an F.I.R. was registered at the said P.S. against the appellants under Sections 147/148/149/447/ 326/302, IPC.

(3.) After usual investigation police submitted charge-sheet against the appellants only under Sections 148/149/302 IPC. In course of time, the case was committed to the Court of the learned Sessions Judge, Maida.