SHYAMAPADA BAURI Vs. STATE OF WEST BENGAL
LAWS(CAL)-2006-11-33
HIGH COURT OF CALCUTTA
Decided on November 29,2006

SHYAMAPADA BAURI Appellant
VERSUS
STATE OF WEST BENGAL Respondents




JUDGEMENT

Pravendu Narayan Sinha, J. - (1.)This appeal is directed against the judgment and order of conviction passed by the learned Additional Sessions Judge, 3rd Court, Suri in Sessions Trial No. 1 of August, 1999 (Sessions Case No. 81 of 1993) thereby sentencing the appellants to suffer imprisonment for life and to pay a fine of Rs. 2,000/- each in default to suffer R.I. for six months each for the offence under Sections 302/149 of the Indian Penal Code (in short I.P.C.). The appellants were also convicted under Section 148 of the I.P.C. but no separate sentence was imposed on them for the said offence.
(2.)The prosecution case, in short, is that on 8.5.1993 at about 5.30 P.M. Netai Pada Bauri left his house for taking bath in a pond known as 'baripukur'. While he was proceeding to the said pond through a field, the appellants namely, Shyamapada Bauri, Anath Bauri, Sanatan Bauri @ Sonai, Juddha Bauri, Krishna Kanta @ Krishna Bauri, Ram Chandra @ Rampada Bauri and one Harachand Bauri forming an unlawful assembly attacked Netai Bauri out of previous grudge. The accused persons assaulted Netai Bauri with lathi, tangi, 'kural' i.e. axe as a result of which he sustained severe bleeding injury on different parts of his body and fell down on the said field. Sadhu Bauri (since deceased), Lakur Ghosh @ Lagar Ghosh (P.W. 4), Bablu Bauri (P.W. 3) and many others of village Saluka saw the incident. The injured Netai Bauri was brought to Patel Nagar PHC and from there he was transferred to Suri Sadar Hospital. Md. Golam Mortuja (P.W. 1) lodged the FIR (ext. 1) and on the basis of it Mohammad Bazar P.S. Case No. 28 dated 8.5.93 was started. During investigation the injured Netai Bauri expired at about 12.15 at night, i.e. 00.15 A.M. of 9.5.93, and after his death Section 302 of I.P.C. was added. After investigation the police submitted charge sheet and the trial that followed ended in conviction of the six appellants mentioned above. The accused Harachand Bauri expired during pendency of the case and did not face the trial.
(3.)In order to prove its case the prosecution examined as many as 13 witnesses namely, P.W. 1 Md. Golam Mortuja (the informant), P.W. 2 Madhai Karmakar, P.W. 3 Bablu Bauri, P.W. 4 Lakur @ Lagar Ghosh, P.W. 5 Smt. Genu Bauri (wife of deceased Netai Bauri), P.W. 6 Sourendra Nath Garai, P.W. 7 Samir Bauri, P.W. 8 Gouri Sankar Dey, P.W. 9 Sakti Pada Dey, P.W. 10 Md. Najimuddin, P.W. 11 Chandan Mukherjee, P.W. 12 Bimalendu Singha and P.W. 13 Dr. Ambarish Gupta (post mortem surgeon). Out of the aforesaid 13 witnesses P.W. 1, P.W. 2, P.W. 3 and P.W. 7 are witnesses of occurrence. P.W. 4 was also a witness of occurrence according to prosecution case but, he did not support the prosecution case in his evidence and was declared a hostile witness. P.W. 5 came to place of occurrence hearing the hue and cry and saw her husband in injured condition and learnt names of assailants from her husband. P.W. 6 is a witness of seizure. P.W. 8, P.W. 9 and P.W. 13 are the medical officers out of which P.W. 8 is the medical officer of Suri hospital, who admitted injured Netai into the said hospital on 8.5.93 at 8.55 P.M. P.W. 9 is the medical officer of Mohammad Bazar BPHC who treated the injured Netai Bauri first when the injured was produced before him and he instructed the patient party for shifting the injured to Suri hospital for better treatment. P.W. 13 is the autopsy surgeon who conducted the post mortem examination on the dead body of deceased Netai Bauri on 9.5.93.


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