- (1.) The appeal is directed against the decision of the Additional Sessions Judge, Fast Track Court, Purulia passed in Sessions Trial No. 3 of 2007 on 24th May, 2007. All the appellants have been found guilty and have been punished under Section 302 read with Section 34 of the Indian Penal Code. They have also been convicted under Section 235 Cr.P.C. They have been sentenced to suffer imprisonment for life and to pay a fine of Rs. 5000/- (Rupees Five Thousand only) each. In the event of failure to pay fine they have been directed to suffer rigorous imprisonment for a further period of two months. The Trial Court has directed that 50 per cent of the fine realised from the appellants should be paid to the victim's widow Sahabati Kumar.
(2.) A complaint was lodged by Sarbani Kumar on 3rd September, 1995. He mentioned therein that on 2nd September, 1995 at about 10 a.m. his elder brother Bhagabat Kumar and he had gone to the embankment of Baral Bandh to answer the call of nature. Apparently, the time of 10 a.m. mentioned in the complaint is incorrect because the further statements in the complaint indicate that this incident occurred at 10 p.m. The complainant has stated that within a few minutes he heard his elder brother screaming and crying out that he was being killed by Maka Kumar and his group. The complainant then claims that he focused the torch in his hand on the persons who are assaulting his brother and he found that appellants and one Rathu Kumar were the assailants. According to the complainant they had encircled his brother and he was able to identify the assailants with the help of his torch light. He was deterred from rescuing his brother because the appellants were carrying sharp edged weapons in their hands like tangi, bhojali, farsa, and also a lathi. The complainant has stated that the appellants chased him and he ran away from the spot. He then returned with some of the villagers and found his brother lying dead, having sustained several bleeding injuries. He has mentioned that the death could have been the culmination of a quarrel which occurred because one of their goats had strayed into the verandah of Rathu Kumar, the brother of Maka Kumar.
(3.) The appellants were arrested soon thereafter. They were all charged for having committed the offence punishable under Section 302 read with Section 34 of the Indian Penal Code. The appellants claimed to be tried and, therefore, the case was committed for the Sessions Court. As mentioned earlier, the Sessions Court found them guilty of the offence for which they were charged and has punished them with life imprisonment and fine. The case against Rathu Kumar was filed as he was absconding.;