- (1.) This is a case which reflects how a religious celebration held in public can go away because of the sheer madness of some persons giving vent to their urge for violence.
(2.) The Durgapuja festival was celebrated as in the previous years in October, 2007 in the village Rudranagar. The deity was to be immersed on October 11, 2007. According to the prosecution the appellants, all armed with deadly weapons like hasua, crowbar, tangi and lathis, led by Tonic @ Lutfar Rahaman, the appellant in Criminal Appeal No.796 of 2009, entered the Durgapuja mandap in the village. They broke the idol. One Bhabesh Bhuimali tried to resist them and confronted the appellants. He was assaulted mercilessly. Other persons at the mandap fled away in fear. The accused, hailing from the village Suryapara, ransacked the houses of many of the villagers and assaulted them. Provat Rajbangshi, Tulshi Rajbangshi, Sablu Konai, Pinku Rajbangshi, Binod Bhuimali, Subhas Konai were all severely injured. These persons and Bhabesh Bhuimali were admitted into the hospital. Bhabesh expired later in the hospital. An inquest was conducted and the FIR was lodged at 1.05 a.m. on 23rd October, 2007. The appellants in both the appeals have been in custody from 23rd October, 2007. Khorsad Sk., the Appellant No.1 in Criminal Appeal No.47 of 2007 died while in custody, after completion of the trial. The appellants were charged for having committed offences under Sections 302 read with Section 149, 324, 153A(2), 427 read with Section 149 and 148 of the IPC. They were tried by the Additional Sessions Judge, Fast Track, Third Court, Rampurhat, Birbhum. The appellants have all been sentenced to suffer imprisonment for life and to pay a fine of Rs. 10,000/- each having been found guilty under Section 302 read with Section 149 of the IPC. They have further been found guilty under Section 148 of the IPC and sentenced to suffer 3 years rigorous imprisonment and to pay a fine of Rs. 1000/- each and in default, to suffer a further period of 6 months of rigorous imprisonment. They have been similarly sentenced for commission of the offence punishable under Section 324 read with Section 149 of the IPC. The appellants have been found guilty of the offence under Section 153A(2) read with Section 149 of the IPC and have been sentenced to suffer rigorous imprisonment for 5 years and to pay a fine of Rs. 3000/- and in default of payment of which they have been directed to suffer rigorous imprisonment for a further period of 1 year. Besides this, all the appellants have been sentenced to suffer rigorous imprisonment for 2 years and to pay a fine of Rs. 3000/- for having committed an offence under Section 427 read with Section 149 of the IPC.
(3.) The prosecution examined 23 witnesses to prove the charges framed against 10 accused persons, although 15 persons were shown as the accused in the charge-sheet. The trial was conducted against 10 of them as remaining 5, i.e., Hasib Sk, Sentu Sk, Haksad Sk, Basir Sk and Nurem Sk were absconding.;