DILIP MAL Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
STATE OF WEST BENGAL
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JOYMALYA BAGCHI,J. -
(1.) The appeal is directed against the judgment and order dated 10.12.2013 and 11.12.2013 passed by the learned Additional Sessions Judge (Redesignated) Court, Bankura in Sessions Trial No. 01 (12) of 2012 arising out of Sessions Case No. 27(09) of 2012 convicting the appellants for commission of offence punishable under Sections 302/34 IPC sentencing them to suffer imprisonment for life each and to pay a fine of Rs.5,000/- each, in default, to suffer rigorous imprisonment for six months more.
(2.) Prosecution case, as alleged, against the appellants is to the effect that on 10.07.2012 at around 3.00/3.30 p.m. Jiten Mal (the deceased) had gone to bathe at Bhaduar Bandh. When he was returning from the pond he found the appellants were narrowing the village road using spade and shovel. Jiten asked them not to do so. They refused to stop the work and abused him in filthy language. Thereafter Dilip Mal and Madhu Mal embraced Jiten and Dilip exhorted others to kill Jiten. Prasanta struck Jiten with shovel while Dilip struck him with the backside of spade on his head. Jiten fell down on the ground and died at the spot. The accused persons threw the shovel and spade into the water tank and they took shelter inside their house. Pursuant to intimation that a person had been murdered at Bankata village, police came to the spot. At the place of occurrence, Madan Mal, P.W. 1 handed over written complaint which was registered as FIR resulting in registration of Bankura P.S. Case No. 223 of 2012 dated 10.07.2012 under sections 302/34 of the Indian Penal Code against the appellants. Appellants were arrested from their residence.
(3.) In conclusion of investigation, charge-sheet was filed against the appellants and the case was committed to the Court of Sessions and transferred to the Court of Additional Sessions Judge (Redesignated) Court, Bankura for trial and disposal.
Charge was framed under sections 302/34 of the Indian Penal Code against the appellants. They pleaded not guilty and claimed to be tried. ;
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