- (1.) Both the Criminal Appeal No. 65 of 1988 and the Government Appeal No. 14 of 1988 are directed against a judgment dated 21 January, 1988 passed by the learned Additional Session Judge, Nadia, 1st Court Krishnagar, in Sessions Trial No. 2 of January, 1987 corresponding to Sessions Case No. 23 of November, 1983 (State v. Anil Haldar and five Ors.) by which the learned Trial Court acquitted the accused persons of the charge under Section 120B of Indian Penal Code; the accused Souren Biswas was found not guilty of the offence under Section 302 read with Section 34 of the Indian Penal Code but the rest of the five accused persons were convicted of the said offence. After hearing the convicts he sentenced the convicts to imprisonment for life as also to pay fine of Rs. 1000/- each in default to suffer further rigorous imprisonment for three months. The State preferred the GA No. 65 of 1988 against the order of acquittal of the accused Souren Biswas as also acquittal of the accused persons under Section 120B of the Indian Penal Code. The convicts have preferred Criminal Appeal No. 65 of 1988 challenging the conviction and the sentence by the order dated 21st January 1988. There are thus two several appeals against the same judgment and order. Briefly stated the facts and circumstances of the case are as follows: On 30th September, 1981 the victim Kartik, a teacher by profession, at about 10 A.M. was going to the school accompanied by Shri Paban Haldar. They were riding their respective bicycle. The victim was also a Pradhan of the local Panchayat. The victim, it appears, had previously perceived threat to his life and, therefore, he was for some time taking assistance of Paban for his security. Paban, it further appears, used to accompany the victim wherever he went. The victim, in his bicycle, was in the front and Paban was following him. Both of them were the residents of Nischantapur Village. The School was situated at Jitpur which could be at a distance of less than a mile. From the Village Nischantapur they traversed the kachha road and reached the metallic road between Shymnagar and Tehatta. While they were passing along the metallic road heading towards Tehatta the victim was waylaid by the Appellants near a banyan Tree by the side of the metallic road. Two of the convicts assaulted the victim by sharp weapons while the other three assisted them in doing so by holding or surrounding the victim. Paban cried for help. The victim also cried for help. P.W. 5 Sujoy, who was working in his nearby field, hearing the cry for help, rushed to the place of occurrence. He witnessed the incident. Thereafter others also arrived at the place of occurrence. The victim by that time was dead. They disclosed to Paban and Sujoy that the accused Souren had been noticed hatching a conspiracy against the victim. Paban knew for himself that Souren was inimical to the victim. A litigation between them was also pending. He immediately rushed to the Police Station and lodged a written complaint indicating identity of assailants and also referring to the conspiracy hatched by Souren Biswas. After investigation, all the six accused persons were charge-sheeted under Section 120B of the Indian Penal Code as also under Section 302 read with Section 34 thereof. The charge under Section 120B failed against all the six accused persons. Souren had not participated in the actual assault. He, therefore, was acquitted. The rest of the accused persons were found guilty under Section 302 read with Section 34 of Indian Penal Code.
(2.) The prosecution examined 12 witnesses. The de facto complainant Paban is P.W. 2 and Sujoy is P.W. 5 they are the eyewitnesses. P.Ws. 3, 4, 6, 7 and 8 reached the place of occurrence after the assailants had escaped. The P.W. 3 Nityananda, P.W. 4 Ratan, P.W. 6 Vakta, P.W. 7 Sribas and the P.W. 8 a daughter of the deceased have all confirmed in their deposition that P.W. 2 and P.W. 5 were present whey they reached the place of occurrence and found the victim dead. As regards the act of murderous assault evidence of the P.W. 2 is as follows: Kartikda was on his bicycle in front of me. I was behind him on my bicycle. After travelling the kuchcha road we took the metallic road towards Jitpur. There was an Aswatha tree in the middle of village Arsignaj, but by the side of the metalled road. When we reached near those three Kartikda was, thrown down from the bicycle by, Anil, son of Haran Haldar, Lathu, Latu, Sunil, Sukdev. Kartikda tried to run away, but he could not run away. He was caught by them. Lathu and Sunil started striking Kartikda with hesuas " ". Others were either holding him or surrounding him( ). Kartick shouted for help saying " ". I too shouted " ". Sujoy of Arsignaj was then weeding "Til" land ( ) close by the spot. He came running but stopped at a distance of ten cubits or so from the spot and watched the occurrence. The culprits then fled away towards the house of Sauren Biswas of Arsinganj. There were cultivable lands on both sides of the metalled road.
(3.) P.W. 5 Sujoy in that regard deposed as follows: It was in the middle of Aswin about five years ago at about 10 or 10-15 am. I was then weeding my own til land. My land and the pucca road is intervened by a Nayanjuli 15 cubits wide. At that time I heard, shouting Babago Mago Bachao Bachao, hearing there shouts I ran from my land and went on to the pucca road, I saw Lathu and Sunil Haldar hacking Kartick Haldar with hansda. Anil, Sukdev and Lalu were also there some holding the victim, some standing close to him. Killing Kartik they went away towards Arsiganj village. Paban Haldar and I were shouting. Many persons from the surrounding places came.;