GADADHAR CHANDRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Sessions Court has convicted the appellant­accused for an offence punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code (for short 'IPC '). The appellant has been sentenced to undergo rigorous imprisonment for life. The appeal preferred by the appellant against the judgment of the Sessions Court has been dismissed by the impugned judgment of the Calcutta High Court dtd. 23/12/2008.

(2.) The incident is of 2/8/1976. PW1 Shri Khiroda Mohan Paul, Head Master of a High School, and the deceased Purna Chandra Ghosh, assistant teacher in the said school, were returning home from the school at about 5.30 pm. Though the deceased was having a bicycle, both were proceeding to their village on foot. When they came near the railway gate, they noticed that the accused (the appellant and Arjun Mondal, a juvenile) were sitting along with Susanta Kr. Chandra and Rabu. The appellant and the said Arjun came running from behind and caught hold of the bicycle of deceased Purna Chandra Ghosh. The appellant questioned the deceased as to why he had assaulted his elder brother. Words were exchanged between the appellant, Arjun and PW1 as well as the deceased. The appellant and Arjun took out knives. When PW1 tried to prevent the assault, the appellant brandished his knife and threatened to assault PW1 in case he obstructs. There was a scuffle between Arjun and the deceased. The deceased tried to defend himself by using his bicycle and umbrella. In the scuffle, Arjun stabbed the deceased with his knife. Thereafter, both the appellant and Arjun left the place.

(3.) On the earlier date, this Court directed the learned counsel appearing for the respondent­State of West Bengal to take instructions on the progress of the trial against Arjun before the Juvenile Justice Board. The learned counsel appearing for respondent stated that the record of the Juvenile Justice Board has been destroyed in the floods of 2000. Hence, the case against Arjun has not progressed.