DURA DEVI AND NIRANJAN MALLICK Vs. STATE

JUDGEMENT

(1.) The two appellants along with two other accused persons faced trial under Section 302/34 of the Indian Penal Code for having caused the death of Paramananda Mallick. Appellant Dura Devi is the wife of appellant Niranjan Mallick and the other two acquitted accused persons are respectively the father and brother of appellant Niranjan. The trial Court while acquitting all the accused persons of the charge under Section 302/34 of the Indian Penal Code convicted appellant No. 1 under Section 323, IPC and released her under Section 4(1)(3) of the Probation of Offenders Act. Appellant No. 2 was convicted under Section 304 Part-1, IPC and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 1,000/-, in default, to undergo rigorous imprisonment for six months. Hence the present appeal.

(2.) The prosecution case is as follows :-On 25-3-1988 at about 7 a.m. all the accused persons were digging saroo from the land allegedly under the possession of the deceased, Paramananda Mallick. It is alleged that when Paramananda protested, all the accused persons surrounded him and accused Niranjan dealt a blow with a crow-bar on the head of Paramananda, as a result of which the latter became unconscious. Dura Dei dealt spade blows whereas the other two accused persons dealt blows by lathi. Paramananda was shifted to Mangalpur hospital and thereafter to Jaipur sub-divisional hospital where he succumbed to his injuries. FIR was lodged by one Kuna Mallick. After completion of investigation, charge sheet was submitted under Section 302/34 IPC.

(3.) The plea of the accused persons was one of denial. It was specifically pleaded that the accused persons had purchased the disputed land and were in possession and accused Khirod Mallick was assaulted by PW-1, the informant and Paramananda. Appellant Niranjan took the plea that his brother was assaulted by Bulei, Kunei and Paramananda and when he went there he was also assaulted.