Decided on August 05,2003

Charu Mandi @ Char Mandi, Appellant

Referred Judgements :-



JOYTOSH BANERJEE, J. - (1.)THE appeal is directed against judgement dated 28.5.97, by which the Additional Sessions Judge, 2nd Court, Midnapore convicted all the 7 accused/appellants under Section 148, 302 read with Section 149 I.P.C. and sentenced them to suffer imprisonment for life.
(2.)P .W.1 Purusottam Mahato lodged F.I.R. on 29.5.93 by going to Nayagram Police Station at about 4.45 P.M., alleging that on 28.5.93 he along with others took part in an election campaign procession which started at about 6.P.M. and which ended about 8 P.M., on that day. After the procession, the informant along with other were returning home and while they reached a place in between Joy khuta and Murga Pahari, they heard the sound of conversation and flashing the torch, they found the accused persons who were armed. They (accused) launched assault on the elder brother of the informant Subodh Mahato. The informant and others fled away out of fear. The injured was later on taken to Kharikamathani P.H.C. by Nageswar Mahato P.W.3, Bhadra Mahato, Parameswar Mahato and others on the next day morning. When the F.I.R. was lodged, the victim Subodh was lying critically injured in the hospital. Subsequently, the victim Subodh Mahato was referred to Jhargram Sub -Divisional Hospital for better treatment, where he succumbed to his injuries. P.W.17 Dr. Ram Prasad Batabyal held the P.M. examination over the dead body of Subodh Mahato on 31.5.93 and came to a finding that the death was due to head injury and also shock and haemorrhage due to other injuries seen in the person of the victim and those injuries were antemortem and homicidal in nature. P.W.18 S.I. Ashim Kumar Raha as an officer attached to Nayagram P.S. took up the investigation and on completion of the same submitted charge -sheet under Section 302 and some other provisions of the Indian Penal Code. Trial proceeded when the learned Additional Sessions Judge of Midnapore considering the relevant record and documents raised charge under Sections 302, 149, 148/427 I.P.C. against the accused persons and who pleaded not guilty to such charge. The learned Judge of the court below by the impugned judgement found, on consideration of the evidence on record that the members of the complainant party were supporters of B.J.P. and Jharkhand party, and accused persons were supporters of C.P.M. There was free fight between the two political parties on the date of occurrence that is to say on 28.5.93 at about 8 P.M. in between village Joykhuta and Murga Pahari and such incident took place in connection with campaign for vote in the Panchayet election of 1993. There were number of eye -witnesses to the incident and it was disclosed in their evidence that the accused persons were armed with deadly weapons and they launched attack on the victim Subodh Mahato. The witnesses fled away out of fear and the victim was lying injured at the spot, and taken to the hospital on the next day morning. The delay of 21 hours in the F.I.R. was justified in the facts and circumstances of the case. The discrepancy regarding the injuries and the weapons used could not shake the veracity of the evidence of the eye -witnesses. On the other hand, the prosecution case so far this related to injury sustained by the victim got sufficient corroborated from the evidence of P.W. 15 Dr. G.K. Maity who examined the injured at Kharikamathani P.H.C. and P.W. 17 Dr. RP. Batabyal M.O. attached to Jhargram S.D. Hospital who held the P.M. Examination and also by the evidence of the different P.Ws. In this way, learned Judge came to a clear finding that all the accused persons were guilty under Section 302 read with Section 149 I.P.C. At the same time, the learned Additional Sessions Judge held that Mahendra Mahato whose house, according to the allegation of the prosecution was damaged by the accused persons had not been examined in this case and there was no enough evidence to establish the charge under section 427 I.P.C. In that background, the learned Judge acquitted the accused persons from the charge under Section 427/149 I.P.C. but convicted accused persons as stated above.
(3.)SHORT question involved in this appeal is whether the evidence on record coupled with the relevant facts and circumstances, justify the order of conviction as recorded by the learned trial court?
In order to bring home the charge, the prosecution has examined in all 18 witnesses. Out of these witnesses P.W.1 Purusottom Mahato is the informant and he along with P.W. 4 Bablu Hansda, P.W.5 Dahi Soren, P.W.6 Rangalal Soren, P.W.7 Jasui Soren, P.W.9 Sital Mahato, P.W.13 Mahendranath Mahato are the witnesses on the point of incident. P.W.3 Nageswar Mahato, P.W.10 Narsingha Mahato, P.W.11 Harendra Mahato, P.W.12 Madhusudan Giri and P.W.16 Gyan Mahato are the witnesses who have not stated anything which would be beneficial either to the prosecution or to the defence. P.W.8 Gorachand Mahato heard all about the incident from P.W.1. Apart from this witnesses, there is the evidence of P.W.14 Jagannath Panda, A.S.I. of Police who held inquest over the dead body of the deceased Subodh Mahato, collected the P.M. report and in this way helped the I.O. in the matter of investigation of the case. There is also the evidence of P.W.17 Ramprasad Batabyal, the doctor who held P.M. examination over the dead body of Subodh Mahato on 31.5.93 and Ashim Kumar Raha who at the relevant point of time, as an officer attached to Nayagram P.S. who took up the investigation of the case (P.S. case No. 18/93) on being endorsed and on completion of the same submitted the charge -sheet against the accused persons.


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