- (1.) On July 19, 1992 Naru Bauri, PW-1 lodged a complaint with the Kashipur Police Station under the District of Purulia to the effect that at about 8.30 p.m. on the said day when he was sitting on a cot in the courtyard of his house after coming back from his workplace he saw Shyamapada Bauri son-in-law of Baru Bauri his second elder brother passed in front of his house on a bicycle and entered the house of Baru Bauri. He was carrying a folded umbrella at the back of his cycle. Almost on everyday Shyamapada used to visit Sadhana (his wife) at her parental place. Just a short while after Shyamapada had entered, Naru heard a hue and cry of Sadhana. She was crying by saying "he is killing my father". Naru rushed to the house of Baru with a stick and found Baru lying on the floor inside the room with bleeding injury. Sadhana, Sadhana's sister Mamata and their mother Moni as well as complainant's elder brother Tarapada were also lying with bleeding injury in front of the house of Baru and crying severely. Complainant tried to stop Shyamapada and when Shyamapada tried to cause injury to him on his neck with the sword he had in his hand, complainant tried to stop with his left hand after throwing the stick and thereby suffered cut injury on his left thumb. He fell on the ground with bleeding injury, taking advantage Shyamapada fled with his bicycle. The people of the locality rushed to the place of occurrence and took the injured to Kalloli Hospital. Baru succumbed to the injury. The others however got cured within a span of time. Shyamapada was absconding for some time until he was arrested. He was charge-sheeted with the allegation of committing offence murdering Baru and injuring others as above. He was charge-sheeted under Section 302 read with Section 326 of the Indian Penal Code. Shyamapada pleaded innocence and opted to be tried.
(2.) PROSECUTION WITNESS: PW-1 (Naru Bauri): Naru had three brothers namely Taru, Baru and Haru. They lived in a separate mess within a same courtyard. Sadhana daughter of Baru was married to Shyamapada who was identified at the dock. Incident took place on 29th Ashar at about 8.30 p.m. in the night. Naru was sitting in a varandah when Shyamapada came to him and enquired about Sadhana. He told him that she was with her father. He heard the voice of Sadhana and went to the place and found her lying on the floor in a pool of blood. He also found Baru, mother of Sadhana, his brother Taru lying on the floor with bleeding injury. He raised objection and tried to stop Shyamapada and sustained injury in his left hand. Baru died on the spot. Dipak Das informed the incident to the Police Station. Police then came. O. C. took all the injured to Kalloli Primary Health Centre. The complaint was written by one Rashbehari Roy and Naru put his Left Thumb Impression. In cross-examination, the witness disclosed that he was a cultivator. He was illiterate. He did not remember the exact date of marriage between Sadhana and Shyamapada. The Police came being informed by Dipak. He narrated the incident and with the help of the villagers took the injured to the hospital. The place of occurrence was visited by Dipak, Jiten, Bholanath, Bhuban. He denied the suggestion that Sadhana was not married to Shyamapada or that no incident took place PW-2 (Rash Behari Roy): The witness was the scribe to the FIR. He wrote as per the instruction of Naru. He read over and explained the contests to Naru when he put his Left Thumb Impression. PW-3 (Dipak Das): The witness, knew Naru and Baru Sadhana was married to Shyamapada who was identified at the dock. The incident occurred ten years before in the month of Ashar. At about 8.00 at night after closing his shop he was going to his house. He saw a gathering in front of the house of Baru. He heard that Baru had died. His son-in-law had killed him. He visited Kashipur Police Station and informed the Police. PW-4 (Bhuban Bouri): Baru was his elder brother (cousin). Eleven years ago the incident took place. He heard that his brother Barn had been murdered. On hearing the news he visited the house of Barn and saw him lying dead. He came to know from the widow of Barn that Shyamapada had murdered him by inflicting injury. Tarapada also sustained injury, so was the widow of the deceased. Shyamapada was married to Sadhana. He was, however, unaware of the reason for discord between the couple. PW-5 (Nachan Bouri): The witness was the wife of Tarapada, PW-11 and sister in-law of the deceased victim. According to the witness she was taking meal with her husband. When Shyamapada visited the house of Baru she heard wife of Baru crying. Her husband rushed to the place of occurrence when the accused gave a stroke on his body. The witness saw the incident. Naru came to the spot and tried to stop the accused when he also sustained injury. She identified Shyamapada on dock. According to her, Shyamapada was married to Sadhana. In cross-examination the witness deposed that she had seen the accused giving blow by sword. She reported the incident to the villagers, however the villagers did not assemble. PW-6 (Jiten Das): He also knew that Barn had been murdered by son in-law which he heard from the neighbours. He did not see the incident. PW-7 (Ham Barui): The witness was a younger brother of the victim. The complainant Naru was also a brother younger to the witness. The witness deposed that Shyamapada killed Baru with the help of a sword about eleven years ago at about 8.00 p.m. at night. He was sitting on the courtyard. Shyamapada was married to Sadhana. After assault, Shyamapada fled away. There was hue and cry. He rushed to the place of occurrence and saw Baru lying dead in a pool of blood. He also saw Taru and his wife having sustained injury. He identified Shyamapada at the dock. In cross examination he deposed that he narrated the incident to the Police. He also stated to the Police that due to fear he could not go in front of the room. PW-8 (Sadhana Bauri): Sadhana was earlier married. After he lost her husband she was given marriage with Shyamapada. Shyamapada used to work at Durgapur. She also had been to Durgapur. She used to visit her maternal uncle's house at Daserdanga with Shyamapada. Shyamapada asked her to fetch two buckets of water which she denied. He abused and assaulted her causing burn injury on her thigh. After scolding her Shyamapada left the place and did not come back to take her. Baru then took her to his own house from her maternal uncle's house. Shyamapada killed her father eleven years ago. She witnessed the incident. Baru was taking rice at that time when Shyamapada with the help of sword assaulted him and inflicted cut injury. Her mother, her sister Mamata were also assaulted. He also inflicted injury on Sadhana's left arm and on the left side of the pelvic region. The witness showed the injury to the Court. According to her, her uncle also sustained injury, so was Naru. In cross-examination she deposed that the accused had given three /four strokes of sword on the body of the victim. PW-9 (Moni Bouri): The witness was the unfortunate widow of the victim. She also corroborated the other witnesses discussed above including her daughter Sadhana. P Ws-10 & 11 (Mamata Bouri & Taru Bouri): The witness Mamata sister of Sadhana, also corroborated Sadhana and other witnesses as discussed above, so was Taru Bouri PW-11 the elder brother of the victim. PW-12 (Dr. Ajit Kr. Hazari): The witness was the Medical Officer at the Sadar Hospital. On the relevant date he conducted the post-mortem. He supported his post-mortem report and deposed that the victim had incised wound over lateral part of the left side of the neck as well as left arm and lower part of the right arm. The victim had injury on the right side of the frontal region as also right thigh. The witness opined that the cause of the death was homicidal in nature. However, any particular injury could not be identified as the cause of the death. PW-13(S.S. Das): S.S. Das accompanied the Officer in-charge at the time of raid. P Ws-14, 15 & 16 (Dr. Debananda Saha, Dr. Muralidhar Das & Dr. Prabir Kr. Saha): The witnesses were the doctors who attended the injured and treated them. Dr. Debananda Saha (PW-14) proved the injuries sustained by the injured, so were Dr. Muralidhar Das being PW-15 and Dr. Prabir Kr. Saha being PW-16. PW-17 (Pranab Kr. Mitral: The witness was the Investigating Officer. He narrated in detail how the investigation had been done. The accused was examined under Section 313 of the Code of Criminal Procedure. He denied the incident. Each and every assertion of the prosecution witnesses were denied by him. Neither he adduced any evidence nor put any alibi in support of his alleged defence. In any event apart from a bare denial, we also do not get any idea of the alleged defence and/or alibi taken by the accused to counteract the charges brought against him.
(3.) JUDGMENT: Considering the evidence discussed above, the learned Additional District and Sessions Judge. Fast Track Court (IV), Raghunathpur held the accused guilty of the offence committed under Section 302 of the Indian Penal Code and imposed a punishment to suffer imprisonment for life as also to pay fine of rupees ten thousand and in default to suffer further one year rigorous imprisonment. The learned Judge however did not impose any separate sentence for the offence committed under Section 326 of the Indian Penal Code.;