- (1.) This appeal is directed against judgment and order dated 2.3.2010, passed by the High Court of judicature at Calcutta in Criminal Appeal No. 235 of 1994 whereby said Court has dismissed the appeal and upheld the conviction and sentence recorded by the Additional Sessions Judge, 1st Court, Nadia, in Sessions Case No. 11(6) 1986/S.T. No. II (3) 1994, against accused/appellants Bivash Chandra Debnath, Sambhu Ghosh and Sadananda Mondal under Section 302 read with Section 149 of Indian Penal Code (IPC).
(2.) We have heard learned counsel for the parties and perused the papers on record.
(3.) Prosecution story, in brief, is that PW-1 Satya Charan Debnath and his sister's husband Ganesh Nath purchased two pieces of land situated on northern side of Panchanantaal of village Garibpur about a month before the incident. Both of them started cultivation on the land purchased and planted seeds of "Baro" paddy. Accused Bivash Chandra Debnath @ Patal (appellant No. 1) had his land on the west of the land purchased by the Ganesh Nath. On 1.12.1983 at about 8.00 a.m., PW-1 Satya Charan Debnath and his brother-in-law Ganesh Nath came to know that accused Bivash Chandra Debnath along with many others was digging an irrigation channel through the land of Ganesh Nath to his land. On this, PW-1 Satya Charan along with Ganesh Nath and his three brothers Ajit Nath, Dulal Nath and Kartik Nath, and his son Panchanan Debnath, rushed towards the land where the digging work was on. They saw that accused Bivash Chandra Debnath @ Patal with the help of co-accused Sunil Nath, Jemini Debnath, Sambhu Ghosh (appellant No. 2), Sidiram Gosh, Sadananda Mondal (appellant No. 3) and 27 others, was engaged in digging the land of Ganesh Nath and constructing irrigation channel. Ganesh Nath objected to and asked the appellant No. 1 as to why his land was being dug without his permission.This enraged the three appellants and their associates who brought Tangi, Spear, Ram Dao, Bow and Arrow, sticks, etc. from the village and chased PW-1 Satya Charan Debnath, Ajit Nath, Panchanan Debnath and Basudeb Nath, upto the field of Jiten Nath, and assaulted them and left them bleeding at the spot. Out of the injured, Ajit Nath succumbed to the injuries, and rest of the injured PW-4 Dulal Nath, PW-2 Kartik Nath, PW-3 Panchanan Debnath and Basudeb Nath were taken to hospital for medical treatment.;