JYOTISH BERA Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
STATE OF WEST BENGAL
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GORACHAND DE, J. -
(1.)This appeal is directed against the judgment and order dated 9/04/1996 passed by Shri S. S. Sinha, Ld. Additional Sessions Judge, 2nd Court, Midnapore in Sessions Trial No. XIX of April, 1992 which arose out of Nayagram P. S. Case No. 39 of 1990 dated 20-12-90 corresponding to G. R. Case No. 482 of 1990 of the Court of the Ld. SDJM, Jhargam convicting thereby all the appellants of the charges for commission of offence punishable under Sections 148 and 302/149 of the Indian Penal Code and sentencing each of them to undergo Rigorous Imprisonment for a term of two years for the offence punishable under Section 148 of the Indian Penal Code and also sentencing them to undergo imprisonment for life for the offences- punishable under Sections 302/149 of the Indian Penal Code. It was directed in the order that both the sentences were to run simultaneously.
(2.)One Soumendra Nath Das, Block Development Officer of Nayagram and Officer in-Charge of Nayagram panchayat Samity went to the Nayagram Police Station and handed over a written complaint at 09.00 hrs. on 20-10-90 alleging that 20-10-90 was fixed on behalf of Panchayat Samity for taking charge of sailing of boat at Dahivasra ghat and accordingly, at 8.30 a.m. he went to the police station with Sri Mrinal Patra, Secretary of the Panchayat and asked the Officer-in-Charge of the police station to accompany them. The Officer-in-Charge of the police station informed him that the car had been sent to some other place for a special work for which he would start when the car would come back. Accordingly, the Block Development Officer asked Shri Patra to come with the vehicle of the police station after its arrival. But Shri Patra accompanied the Block Development Officer by his car. At about 8.45 a.m., both of them reached near Dahi ghat and leaving the vehicle on the road, started to go on foot for the ghat as the road was broken. On the way they met Jyotish Bera, President of Nayagram fishermen Co-operative Society and started to proceed along with him. Shri Patra was standing on the road and was talking to two persons. The BDO proceeded further and having heard one hue and cry, he looked behind and saw that some persons armed with tangis, spears and axes came running and attacked Shri Patra. As a result of that attack, Shri Patra sustained bleeding injuries on head. The BDO asked the attacking persons to stop after proceeding some distance and saw that the body of Shri Patra fell down on the nearby field in bleeding condition. Later on he came to know that Mrinal Patra died on that spot in that condition. At that time two persons threatened the BDO with bows, arrows and tangis and asked him to leave that place and also threatened him that his fate would be like that of Shri Patra unless he left that place at once. At that time, Jyotish Bera also associated himself with the attacking persons and asked the BDO to leave the place and also threatened him. Being frightened, he left that place and stated everything before the Officer-in- Charge of the Police station. On the way, the BDO also heard-that one Bimal Bolai was one of the attacking persons. On the basis of the said written complaint, Nayagram P. S. Case No. 39/90 dated 20- 10-90 under Sections 147, 148, 149/302 of the Indian Penal Code was started.
(3.)The case was investigated by the police. In.course of investigation, the dead body was recovered from the field and sent for post mortem examination. Several witnesses were examined. Weapons of offence were recovered and as many as 25 persons were arrested in connection with the case and ultimately, charge-sheet No. 38 of 1991 dated 31-12-91 under Section 148/149/302 of the Indian Penal Code was filed against the present seven appellants and also against one Kalipada Bera. However, prayer was made for discharge of the rest of the arrested persons. After supply of the copies of the case was committed to the Court of Sessions by an order dated 26-3-92. Since all the eight persons were on bail, the Id. SDJM at the time of committal of the case to the Court of Sessions allowed the prayer of the accused persons to remain on the previous bail till the order of confirmation by the Id. Sessions Judge, Midnapore.
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