- (1.) TWO appellants assail the judgement and order of conviction and sentence passed against them on 13th August of 1988 by the Learned additional Sessions Judge, Cooch Behar whereby the appellant Haladhar barman was sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs. 2,000/- with default stipulation on account of his conviction under Section 323 of I. P. C. and to suffer rigorous imprisonment for six months and to pay a fine of Rs. 100/- with default stipulation on account of the conviction under Section 323 of I. P. C. , appellant Kandura Barman @ Sadhu was sentenced to suffer rigorous imprisonment for six months and to pay a fine of rs. 100/- with default stipulation on account of conviction under Section 323 of I. P. C.
(2.) P. W. 1, Mathura Nath Barman of Village Dwariaka lodged a written ejahar with O. C. Dinhata Police Station at 18. 15 hours on 8th October, 1979 against these two appellants and one Paresh Barman alleging the following facts.
(3.) WHEN P. W. 1 Mathura Nath Barman was in his bed in the night between 7. 10. 1979 and 8. 10. 1979 the mother-in-law of the deceased Nagen barman came to him at about 2. 30 A. M. and reported to him that the two appellants and Paresh Barman son of late Mukunda Barman and also 7/8 persons of the Village called Nagen Barman, her son-in-law, and Pratap Sarkar and took them into custody by breaking open the door of house. P. W. 1 then came to the house of Nagen with his mother-in-law. There Mantu said that on 7. 10. 1979 Nagen, Pratap Sarkar, Barodakanta Adhikary and three other workers worked on jute in the house of Kandura Sarkar. Mantu further reported that he saw Nagen and Pratap being taken by the appellants and others towards the house of Paresh Barman in the night. Pratap's wife Ramani told that her husband also had been taken away by 10/11 persons. Then P. W. 1 Mathura nath, being accompanied with Mantu, Harendra and Paresh (not the accused paresh) came to the house of Paresh Barman son of late Mukundu Barman. On the way he met with one Buda Burman and he also came out. Then Jatin, the brother of Pratap, and Ramani, the wife of Pratap, were found coming out from the house of accused Paresh Barman. And they told P. W. 1 and his companions that in the house of accused Paresh Barman the accused Kandura and the people of the gang left Nagen, Pratap and Barodakanta. Then the appellants proceeded to the house of Kandura and chased Pratap. P. W. 1 meanwhile came to the house of Kandura but before that he met Upendra adhikary on the way who told him that Haladhar Barman beat Nagen, Pratap and Barodakanta and took the three persons towards the house of Kandura. Nagen was found lying on a danga land and another Nagen Barman stood beside the injured Nagen. Nagen was found dead. Pratap and Barodakanta were also seriously beaten.;