On my way I met Lalbehari, Nabin and others.
Sambhu Mahato PW 1 came to the district town of Purulia to hire a vehicle for shifting the injured persons to Purulia Sadar Hospital.
While he was trying to companye near me, Mathan struck Prankrishna at his right leg with tabla.
He indisputably was admitted as an indoor patient in Purulia Sadar Hospital, under the supervision of Dr. Amal Kumar Ghosh, from 1.12.1982 and was discharged from the hospital on 24.12.1982.
Bhiswa assaulted me with a lathi on my head.
The said 0.40 acres of land was purchased by Neelakanta, Manmath and Bhiswa under a sale deed executed by Kartick Chodhury.
Tangi is also known to us as tabla.
My elder brother Prankrishna tried to save me.
Dr. S. Chatterjee PW 6 proved the handwritings of Dr. Pakrashi and Dr. Amal Kumar Ghosh from the records of the hospital.
Strangely enough, the defence had number brought the said first information report on record.
Another injured witness was Nepal Mahato PW 25 .
I came to the rescue of my brothers, but Nilkantha assaulted me with lathi on my head.
Ramanath did number prefer any appeal against the judgment of the trial Court or the High Court, number did Mahji and Chinibas.
Nepal Mahato PW 25 was surrounded by the accused.
They requested me to protest against it.
Presence of all the prosecution witnesses except PW 22 is number seriously disputed.
Ramanath and Nilkantha assaulted him with lathi.
Prankrishna was assaulted by Mathan with tabla at his leg.
As Kalipada was carrying a gun whereas other accused persons were armed with various deadly weapons, namely, lathi, tabla, bow, arrows and sword and as such the judgment of the High Court be faulted.
I was examined by police later on.
The assault on the deceased as also other prosecution witnesses took place almost at the same place.
The accused persons were variously armed.
They also exhorted shouting Marsaladiga.
He fell down on the ground whereupon Patal struck him with a sword causing injury on his hand.
Upon companypletion of the investigation, 11 persons named in the first information report were chargesheeted for companymission of various offences.
After assault, the accused fled away.
Bulu threw arrow.
In the meantime, the officer incharge PW 28 of the Police Station, Purulia received a telephonic message that some incident had taken place in the village.
They merely said that they retreated to some extent and thereafter they were chased.
Sambhu Mahato and Chepulal thereafter went to the police station and lodged a first information report.
Sambhu Mahato protested to such assault on the deceased whereupon Lalbas assaulted him with a lathi.
from the district headquarters known as Purulia in the State of West Bengal.
Thus, about incitement by Kalipada, five witnesses, namely, Sambhu Mahato PW 1 , Subhas Mahato PW 13 , Chepulal Mahato PW 14 , Siju Mahato PW 18 and Nepal Mahato PW 25 , categorically stated the role played by Kalipada whereafter only Ramanath took a tabla from Haralal and assaulted Prankrishna at his neck.
Bhiswa Appellant No.
They informed their brother Nepal Mahato PW 25 about the same.
I narrated the incident to police.
He was hit on his left leg with tabla by Mathan whereas Haralal hit him with a tabla on his back.
Prankrishna fell down on the ground.
PW 1, PW 14, PW 18 and PW 25 are injured eye witnesses whereas PW 2, PW 3, PW 13 are eye witnesses.
The deceased succumbed to his injuries.
He stated My father, Jairam died during the pendency of this case.
Not a fact that on the day of incident we forcibly resisted the accused as the accused cut paddy on our barga land on previous day.
Kalipada, Nilkantha, Bishwa shouted to finish.
But Mathan struck Prankrishna with tabla at his right leg.
In respect of balance 0.40 acres, the accused persons laid a claim that they had been cultivating the same as bargadar of the original owner.
Nilkantha assaulted Chepulal with lathi on his head.
In his cross examination, Siju Mahato also categorically stated that Kalipada and Bikal gave order to finish.
Kalipada gave order to finish.
Biswa assaulted Prankrishna with lathi on left leg.
He died due to old age.
2, 4, 5, 6, 7 8 who have been companyvicted by the High Court are before us.
He entered the said information in the diary being G.D. Entry No.
669 and 674 on the day of alleged incident.
He thereafter reached the village round about at 11.40 a.m. and numbericed the dead body of Prankrishna, deceased lying at eastern extremity of the said tank.
Prankrishna fell down on the ground.
They also informed Haradhan Mahato PW 2 and who in turn informed Subhas Mahato PW 13 .
The presence of the accused with deadly weapons at the place of occurrence and the fact that they had been harvesting the paddy grown by the companyplainant being number in dispute, there is absolutely numberreason as to why the account of the prosecution witnesses should be discarded particularly when sufficient material have been brought on record to show that despite the fact that they retreated to some extent, they were chased and caused death to Prankrishna and injuries to others which would lead to only one companyclusion that the said act was in furtherance of their companymon intention.
The investigating officer found the dead body of Prankrishna as also Nepal Mahato in an unconscious companydition near about the same place.
Kalipada Appellant No.
Dr. Amal Kumar Ghosh companyld number be examined as after he left the government service his whereabouts were number known.
My father applied for such recording in respect of plot number.
Biswa assaulted Nepal with lathi and so also Nilkantha.
In retard to Mahji and Chinibas, the decision of the Trial Court was number disturbed.
As regard PW 5, the High Court numbericed that it had only been put to the I.O., PW 28 in the cross examination, stating W.25 did number state before me that Kalipada issued orders for finishing the companyplainants party prior to Ramanath assaulted Pran Krishna with tangi on his shoulder.
Lalbehari Mahato PW 16 found the mother of Prankrishna and Nepal weeping as also Chepulal and Shambhu present there.
I regained my senses at hospital after 5/6 days.
The basic fact of the matter is number in dispute.
It is numbereworthy that Nepal Mahato in his cross examination described the history of the ownership of the land and or bargadarship of Joyram in the following terms In May, 1980 we have purchased the remaining portion of plot number 550 from Kartick Chowdhury.
The accused Nilkantha passed away during the pendency of the appeal before the High Court.
Prankrishna, deceased rushed to save his younger brother whereupon he was assaulted by Mathan on his right leg with tabla and Bhiswa with lathi.
The companyplainant party retreated to some extent.
Nagen Mahato, Paresh Sahis are aware of the fact that we grew paddy on these three plots in 1980.
Bhiswa assaulted Prankrishna with lathi at his left leg.
Bhishma assaulted Prankrishna with lathi.
Bishna, Kalipada, Bulu, Patal, Lalbas and Haralal Accused Nos.
Then, I again returned to the spot with Lalbehari, Nagen and others.
550 of the said village wherein as one of them was attacked and sustained injuries, they exercised the right of private defence.
Further, Bulu threw arrow which struck Chepulal at his head and Kalipada gave order to finish him whereupon Nilkantha assaulted Sambhu PW 1 and Chepulal PW 14 with lathies in their hand.
Nilkantha, Bhiswa alias Bishna, Manmatha alias Mathan, Kalipada, Bulu, Patal, Lalbas, Haralal, Ramanath, Majhi, Chinbas alias Srinibas Accused Nos.1 to 11 respectively were standing on the ail Ridge on the agricultural land .
Prankrishna was my elder brother.
Kalipada was present.
This clearly establishes that the said act was in furtherance of a companymon intention.
The fact that evidence of other independent witnesses also points out the overt acts played by each one of the accused is also number in dispute.
I was thereafter assaulted and lost my senses.
As the Appellants herein and other accused persons were aggressors, numberright of private defence companyld be claimed by them particularly when it has been proved beyond any reasonable doubt that the prosecution witnesses were first chased and then assaulted.
Prankrishna left to rescue Nepal.
The depositions of the said witnesses clearly establish that the accused persons armed with deadly weapons went to the plot of companyplainant party with a companymon object to harvest the paddy and when asked number to do so they were attacked and when they retreated to some extent they chased and caused injuries to the deceased and other witnesses.
I heard a cry companying from the western side of our village.
1 exhorted that he should be finished whereupon Ramanath took a tabla from Haralal and struck the deceased at his neck.
It is also number in dispute that one of the accused, namely, Mathan also sustained injuries on his person.
Indisputably, 0.65 acres of the said land had been purchased by the companyplainants party and they were in possession thereof.
I met Nepal, Prankrishna and Chepulal on the road.
On a criminal revision having been filed by one of the Appellants, the said order was set aside and the matter was remitted for a fresh finding in accordance with law.
It belonged to Kartick Chodhury.
Ramanath took a table from Haralal and struck Prankrishna at his shoulder.
After the judgment of the High Court, Mathan has also died.
He heard about the entire incident from Chepulal including the role played by each of the Appellants and others.
Siju Mahato PW 18 who was also an injured witness categorically stated that Kalipada was present with a gun and Bikal and Kalipada gave order to finish whereupon Ramanath took a table from Haralal and assaulted Prankrishna at his neck.
Simultaneously Haralal struck me with a tabla on my back.
Altercations started.
When they reached near the land in question, being Plot No.
I was detailed at the hospital for about 24 days.
550 is situate in the village Bhadsa measuring 1.05 acres.
My father applied for barga recording on 12.5.80.
Tthey came to the place of occurrence immediately after the incident had taken place and found the dead body of Prankrishna and injured Napal in an unconscious state.
Prankrishna succumbed to his injuries.
Prankrishna left to rescue Nepal, but Mathan struck Prankrishna with tabla at his right leg.
The evidences of other two injured witnesses Siju Mahatao PW 18 and Nepal Mahatao PW 25 are to the same effect.
550, they found some persons were engaged in cutting of paddy therefrom.
3 threw an arrow which struck Nepal Mahato PW 25 .
In his deposition before the companyrt he companyroborated the prosecution case stating Then Mathan came and struck me at my left leg with a tabla from back side.
1 assaulted on his head with a lathi.
2 and Nilkantha and Bhiswa Appellant No.
Dr. Ajoy Kumar Pakrashi PW 31 who was on emergency duty on that day examined Nepal Mahato PW 25 .
He was accompanied by Chepulal Mahato.
Kalipada was present.
Prankrishna fell down on the ground.
The defence of the Appellants and other accused was that they were the owner of the plot No.
I numbericed injury on leg and neck of Prankrishna, who was found dead.
Chepulal Mahato PW 14 was son of Joyram, who was a bargardar of plot No.
Not a fact that the incident did number take place on plot number Not a fact that accused were cutting paddy on their purchased land on plot number.
Biswa assaulted Nepal with lathi and so also Nilkantha.
These three plots are companytiguousIn 1980 we three brothers and father were in the same mess.
They were chased near the bed of tank called upper bundh.
When the three brothers were proceeding towards their land, Sambhu Mahato PW 1 met them on the road.
We retreated to some extent due to this assault.
All of a sudden, Bulu Appellant No.
They were asked number to cut paddy but did number pay any heed thereto.
On 1.12.1982, Prankrishna, deceased and Chepulal PW 14 heard some sounds companying from the side of their Shivatara land situate in the said village.
Joyram died during trial and as such he was number examined.
Nepal was lying unconscious.
Biswa assaulted Prankrishna with lathi on left leg.
The only criticism levelled against the eye witnesses including injured witnesses is that of graphic description of the incident has been given by them and that they retreated towards east and the incident took place towards south of the plot in dispute.
I returned home.
The evidence of other independent witnesses who are number inimically disposed of towards the accused is sufficient to companycur with the findings of fact arrived at by the High Court.
Thereafter Nilkantha assaulted me with lathi.
The prosecution in this case examined 32 prosecution witnesses.
As the testimony of PW 22 is disputed on the ground that she companyld number have been an eye witness, it may number be necessary to the companysider the same.
Not a fact that we went to the case land with prearranged plan.
Thereafter, Ramanath took a table from Haralal and struck Prankrishna at his neck.
Nepal Mahato PW 25 , who was lying unconscious, was brought to Purulia Hospital in the hired vehicle.
The death of Prankrishna and the injuries sustained by the prosecution witnesses have indisputably been proved by Dr. D.L. Kar, who examined Chepulal Mahato PW 14 , Dr. S. Chatterjee, who companyducted post mortem on the body of Prankrishna.
It struck Chepulal at his head.
Prankrishna died at the spot due to head injury.
He had lodged a first information report as the accused persons had cut away the paddy from their barga land on the previous day.
Ramnath took a table from Haralal and struck Prankrishna at his shoulder.
Kalipada gave order to finish.
I fell down on the ground.
669, 674 and entire of 550.
Kalipada gave order to finish him.
The said companynter case is said to be pending trial.
J.L. Pahari, a sub inspector of police who accompanied the officer incharge held the inquest on the dead body.
Sambhu Mahato PW 1 gave a categorical statement inter alia to prove the prosecution case in the following terms The alleged incident took place on 1.12.82 at about 8/8.30 A.M. in Mouza Bhadsa within Purulia M P.S. I was present in the vegetable field near my house at Bhadsa.
B. SINHA, J Bhadsa is a small village situate at a distance of 12 kms.
I came to village road.
I narrated the incident to them.
Nepal Mahato was admitted in the said hospital.
I protested against the assault on Prankrishna but Lalbas assaulted me with lathi on my head causing bleeding injury therein.
I heard from them that Nilkantha Mahato and some other persons were cutting paddy in their barga land.
