- (1.) This appeal is directed against the judgment of conviction and sentence passed by learned Additional Sessions Judge, Nadia, 3rd Court, Krishnanagare sentencing each of the appellants, namely, Balai Ghosh, Mahadev Ghosh, Loharam Ghosh, Naru Ghosh, Jhunu Ghosh and Sankar Ghosh to suffer R.I. for life and to pay fine of Rs.2,000/- in default to undergo R.I. for six months under Section 302 of the Indian Penal Code. The learned Judge also convicted and sentenced Balai Ghosh, Mahadev Ghosh, Naru Ghosh, Jhunu Ghosh, Sankar Ghosh and Jaladhar Ghosh to suffer R.I. for two years each under Section 147 of the Indian Penal Code, with the direction that both the sentences shall run concurrently.
(2.) The prosecution case, in short, is that Chandi Charan Bera, a constable lodged complaint with Inspector-in-charge of Kotwali P.S., Nadia alleging that on 08.2.1985 at about 12.20 P.M.Sudhir Santra, the Chowkidar of Daluipur village along with 2/3 persons came to the out post and informed that about 200/250 persons of Balainagar village being armed with dhal, lathi, kurbi ramda (bill hook) etc. came to attack the villagers of Daluipur. Those persons informed that on 07.2.1985 at night there was trouble with regard to an open opera performance which was held at Daluipur village and a quarrel started between the villagers of the said two villages. In view of that previous quarrel, the villagers of Balainagar came to attack the villagers of Daluipur. On getting this information, the informant along with constables Uttam Das, Shyamal Bhattacharya, Aloke Sen started for the said village by a vehicle. Having reached Daluipur village they found that about 200/300 people of Balainagar assembled there being armed with bill hook, bows, arrows and guns. They attacked the villagers of Daluipur with those weapons and started firing from their guns. Kartick Sarkar of Daluipur sustained bullet injury. The bullet hit him on the right chest. Having found no other way to disperse the violent mob and to protect the lives and properties of the people, constables Uttam Das and shyamal Bhattacharya opened two rounds of blank fire from their rifles under the command of the informant. But those attackers went on firing from their guns and sten guns aiming at the informant party. One of the bullets fired by them hit constable Uttam Das on his right arm and, as a result, he fell on the ground with his rifle. Inspite of having sustained bullet injury, Uttam Das proceeded forward bravely, but, he again fell on the ground at Dunirjole field and the miscreants brutally murdered him by inflicting several blows with sharp cutting weapons on his neck. Under the order of the informant, constable Shyamal Bhattacharya fired two rounds and the attackers thereafter fled away. The rioters had taken away the rifle of Uttam Das and 21 cartridges. The informant could recognise Mahadev Ghosh, Balai Ghosh, Jhunu Ghosh, Basudev Ghosh, Loharam Ghosh, Ranjit Ghosh, Subal Ghosh, Matar Ghosh and Sadhan Ghosh of Balainagar village. There were other persons whom the informant could not identify.
(3.) After receipt of the complaint, Kotwali P.S. Case No. 11 dated 08.2.1985 was started and on completion of investigation charge sheet was submitted.;