- (1.) This appeal by the State of West Bengal is directed against the judgment of the division bench of the Calcutta High court. There are nine respondents namely original Accused 1 to 9. They were tried for offences punishable under S. 148, 302/149 and 326/34. The trial court convicted and sentenced each of them to undergo imprisonment for life for the offence punishable under S. 302/149 and lesser terms of imprisonment for minor offences. On an appeal the High court by the impugned judgment set aside the judgment of the trial court and acquitted all of them of all the charges. Hence the present appeal.
(2.) All the accused and the deceased Brahmananda Pathak, his brother Public Witness 12 the injured witness and his son Public Witness 1, Amalendu Pathak belong to Villagesurulia in Purulia District. There were disputes between the deceased and his men on one side aree days before the present incident she fell ill and she expressed a desire to see the deceased. On 23/7/1980 it was a Wednesday. The deceased and his son Public Witness 1 were in their rice go down in Purulia Town. Towards evening Public Witness 12, brother of the deceased came there and informed the deceased about the deteriorating condition of his other and her desire to see him. Thereafter the deceased and PWs 1 and 12 started together to their house to see the old lady. Public Witness 1 had a bicycle with him and a three-cell torch and a bag containing some papers. On the way to their house they had a grocery shop. They dropped in there for sometime and at about 8.45 p. m. they were proceeding a place called Rakhabari, and there they noted 7 or 8 persons coming towards them from the opposite direction. Public Witness 1 flashed the torch and saw Accused 2,3,4,8 and 9 and some others and they were carrying various weapons. A-8 was armed with a tabela, A-2 and A-3 were armed with swords and A-4 and A-9 were armed with tangis. Public Witness 1 apprehending danger gave his cycle to the deceased and asked him to leave immediately. While the deceased was ready to ride on the cycle, A-8 Aswini Pathak reached there and assaulted the deceased on his neck with the tabela with the result that the deceased fell down on the ground. Public Witness 1 immediately ran from the place raising an alarm. While running he looked back and saw his uncle Public Witness 12 also being assaulted by A-8 and others. Public Witness 1 reached a locality called Hanchuk Para and raised an alarm. Hearing this PWs 2, 3, 6 and 7 came out followed by others from their respective houses. Public Witness 1 immediately reported the incident to them and also mentioned the names of Accused 2,3,4,8 and 9 as the assailants.
(3.) After Public Witness 1 had run away from the place as stated above, Public Witness 12 seeing that his brother deceased had fallen, went to save him and caught hold of A-8. Both of them fell down. At that time A-2 and A-3 attacked him with swords and inflicted injuries on his neck and back. As Public Witness 12 tried to resist the attack on him by raising his hands he sustained bleeding injuries on his hands and his right little finger got severed and his wrist-watch also fell down. At that time the deceased got up and was trying to run away but he was chased and was assaulted by the assailants. Public Witness 12 in the meantime managed to get up and walk up to Hanchuk Para. At the time of the incident there was moonlight and little thereafter there was a shower of rain. At the request of Public Witness 1 some of the residents of Hanchuk Para went to inform the police over the phone and someothers made arrangement for carrying Public Witness 12 to Purulia Hospital for treatment. Public Witness 1 was informed that his father had expired. On the information received at about 11,15 p. m. the police arrived. On their way they saw Public Witness 12 being carried. Public Witness 16, Police Sub-Inspector then recorded the statement, Ex. P-1 of Public Witness 1 and sent it to the police station for registering the case. Public Witness 16 took up the investigation, went to the place of occurrence and held inquest next day morning and sent the dead body for post-mortem. He recorded statements of several persons including that of Public Witness 12. Public Witness 11, the Doctor, who conducted the post-mortem, found as many as six incised injuries all over the body. The Doctor also found one gunshot injury over the right lumbar region which injured the kidney and other parts. He recovered pellets from the body. He opined that the death was due to shock and haemorrhage and the incised injuries could have been caused by cutting weapons like tabela, sword and tangi and the last injury could have been caused by a firearm. Public Witness 12 also was examined by another Doctor, Public Witness 15 and he found as many as six sharp-cutting wounds on the hands and other parts of the body of Public Witness 12 and also found the little finger of his right hand missing. He opined that these injuries could have been caused by tabela and with sharp-edged weapons. After completion of the investigation, the charge-sheet was filed.;