- (1.) THIS appeal is directed against a judgment dated 19th June, 2002, passed by the learned Additional Sessions Judge, 4th Court, howrah, in Sessions Trial Case No. XXX (April), 2000, convicting the appellants for a charge under section 302 read with section 34 of the Indian Penal Code, and an order dated 20th June, 2002, by which the appellants were sentenced to suffer imprisonment for life and to pay fine of Rs. 10,000/- each ; in default to suffer further rigorous imprisonment for a period of one year for the aforesaid offence.
(2.) THE facts and circumstances of the case briefly stated are as follows :-On 10th July,1990, at about 8 P. M. in the evening Sukumar Roy, aged about 25 years, was beaten severely by the appellants. He was hospitalised with Bagnan Hospital from where he was referred to Uluberia hospital where he died in the morning at 6. 05 hours on 11th July,1990. The evidence adduced by the prosecution may now be briefly discussed:-On 10th July,1990, at 22. 05 hours one of the appellants, viz. Tapan Panchal, lodged a general diary with the Bagnan police station which has been marked Exhibit 2. The general diary recorded by the P. W. 13 reads as follows :- "ref:- Bagnan P. S. G. D. E. No.- 451 - Dt. 10. 7. 90 This time one Tapan Pachal S/o- Saroj Pachal of village Bangalpur paschimpara P. S. Bagnan Howrah came to P. S. along with other sand Reported that one Sukumar Roy S/o Sri Sital Roy of do assaulted the informant by fist or blows and also by lathi due to quarrel among them In C/w a family dispute relatedwith the Sister of informant in C/w love affairs between the informant's sister and Sukumar Roy. Accordingly tension was created at the locality And at the same time injured was sentto Bagnan Rural hospital for medical and report and action will be taken as per medical report and also the fact is noted in G. D. as per desire of statement of informant and also informed S. I. K. P. Ganguli and, S. I.- D. Banerjee and s. I.- C. Ghosh to go to the spot and also to look into the matter and take necessary action. Sd/- D. Ghosh s. I. "
(3.) AT 23. 25 hours on 10th July,1990, a written complaint was lodged by the P. W. 1, Srikanta Roy, alleging that his elder brother, Sukumar Roy, had developed an emotional relationship with one Kumari Bandana Panchal, aged about twenty years, daughter of the first appellant, Suraj Panchal, a resident of the same village. On 10th July,1990, at about 8 P. M. in the evening the de facto complainant hearing a hue and cry accompanied by his uncle dulal Ch. Roy and Samir Roy, P. W. 9, and others rushed to the place of occurrence and found in the adjacent place in front of the house of Bandana Panchal, his elder brother, Sukumar Roy, was groaning. His hands and legs were tied. Anil Baran Panchal and his elder brother, Suraj Panchal, both sons of Late Balai Panchal, and Tapan Panchal and Swapan Panchal, both sons of Suraj Panchal, were engaged in mercilessly assaulting the said Sukumar Roy with rods, sticks and fisticuffs. The victim Sukumar Roy was bleeding from various parts of the body, including head, nose and mouth. Upon being chased by the de facto complainant, his companion and the villagers, the assailants fled away from the place of occurrence. The victim was thereafter hospitalised with the bagnan hospital.;