RAM KUMAR PAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Murshidabad in sessions trial No. 1 of March 1995 (Sessions Case No. 220 of 1992). By his impugned judgment and order the learned Additional Sessions Judge has convicted the three appellants/accused persons, namely, Ram Kumar Pal, Golok Behari Pal and Chand Gopal Pal under Section 302 read with 34 I. P. C. and sentenced them to imprisonment for life. He has also convicted the appellants Ram Kumar Pal and Golok Behari Pal under Section 323 readwith Section 34, I. P. C. and has further sentenced them to simple imprisonment for one month with a direction that both the sentences shall run concurrently. Being aggrieved by the orders of conviction and sentence the appellants have preferred the present appeal.

(2.) It may be noted here that the appellant Ram Kumar Pal is the father of the other two appellants Golok Behari Pal and Chand Gopal Pal. They are neighbours of P. W. 1 Sanatan Pal who lodged the FIR in the case and who is the cousin brother of the appellant Ram Kumar Pal. The deceased Subhas Pal who is one of the victims of the incident was the son of P. W. 1 Sanatan Pal. It is the evidence of P. W. 1 Sanatan Pal that on 5th Baishak 1397 B. S. corresponding to 19th April, 1990 at about 5.30 a.m. in the morning the southern side common passage leading to Khirki Pukur Ghat was closed by Babla Kantas Fence by the accused persons (appellants) and at that time when he tried to remove the same from the pathway the accused Golok Behari Pal assaulted him with a lathi and he sustained injury on his left hand and that Ram Kumar Pal assaulted him with those Babla Kantas. It is his evidence that his son Subhas together with his younger son Samaresh came to rescue him and at that time the accused Chand Gopal Pal assaulted Subhas on his head with an iron rod and Subhas fell down on the ground and the other two accused Ram Kumar and Golok assaulted Subhas and Samaresh mercilessly with lathis. Subhas, he says, stated that he was having severe pain on his head and Subhas became unconscious. He says that he took Subhas in a bullock cart and then by train to Beharampur New General Hospital and he sent his youngest son Samaresh to the police station with a written information (complaint). He further says that at the time of occurrence Amiya Ghosh, Amrita Ghosh and Ekkari came to the place of occurrence and he narrated the incident to them. Subhas, he says, expired in the hospital on that very day. He says that he was treated in the New General Hospital at Beharampur and Samresh after going to the police station was treated at Salar P. H. C. P. W. 1, Sanatan is a High School Teacher. In his cross-examination he says that he brought his son to hospital by a train which they boarded at Tenya Station at 6.34 a.m. We get it from him that Tenya Station is about one mile from their place. He returned home (from Beharampur) at about 3 a.m. on 20-4-90. He says that the pathway to the south of his house is common to the co-sharers.

(3.) P. W. 2, Amiya Ghosh is also a resident of the same village. He says that his house is in front of the house of P. W. 1 (Sanatan) intervened by a road and a ditch and that the house of the accused persons is adjacent to the house of P. W. 1. According to his evidence on the date of the occurrence while he was going by the road towards the western side of the house P. W. 1 he noticed that Sanatan and the accused Ram Kumar Pal were having exchange of words and on hearing the same he went near them. He says that he saw Sanatan Pal removing Babla Kanta fence and was being assaulted by Ram Kumar Pal with a lathi and Golok Pal was also assaulting him with a lathi and he tried to pacify them so that there might not be further assault. According to his evidence Sanatan's son Subhas Pal came to the rescue of his father and at that time the accused Chand Gopal Pal hit Subhas with an iron rod on his head. He further says that the accused Golok and Ram Pal also assaulted Subhas with lathi and Subhas fell down on the ground and the accused persons escaped therefrom. According to his evidence he requested the accused persons with folded hands not to assault them (that is Subhas, etc.). He says that Subhas sustained injury on his head and slight blood also oozed out from his nose. He further says that Sanatan and his wife took Subhas to hospital and his wife also accompanied them. Subash, he says, eventually died at the hospital and his wife came home back after cremation of Subhas along with Sanatan and his wife. The name of his wife, it is in evidence, is Anima. He says that his wife is unable to came to Court because of ailment. This explains the non-examination of Anima as a witness in the case. In his cross-examination P. W. 2 Amiya says that when he reached the spot there was none else except the accused persons and the family members of Sanatan and he says that he was there for about half an hour and during his presence Ekkari Pal, Amrita Ghosh and others also came there. In answer to the question put to him in cross-examination he says that he has cordial relationship with P. W. 1.