Originally 5 accused persons were there, and each was charged for the companymission of offence punishable under Sections 302, 307 read with Section 34, and 447 IPC.
One Golok Pal died before charge sheet was filed.
So did Niranjan with his bow and arrow.
Before trial of the case started, accused Narendera Patra died and the case against him was filed on 20.1.1983.
Phani Pal, Niranjan Pal and Swaran Dutt.
2003 Supp 5 SCR 281 The Judgment of the Court was delivered by ARIJIT PASAYAT, J. This appeal has been filed questioning companyrectness of the judgment rendered by a Division Bench of the Calcutta High Court directing acquittal of the respondent No.
Besides the above charges a further charge under Section 25 1 a of the Arms Act was framed against accused Phani Pal.
By that time Gouribala PW 2 , daughter of Brindaban, carried the injured body of Bhanumati on the verandah of their house from the companyrtyard.
Investigation was undertaken.
They also companyspired that if the companyplainant party caused obstruction they should be finished.
As he was about to be assaulted he rushed to the first floor.
But Brindabans sons chased him.
There decreased Bhanumati made a dying declaration before the doctor who reduced the same into writing in the presence of Brindaban Pal.
There were two more persons Narendera Patra and Swaran Dutta who were also implicated in this case and all these five were named in the F.I.R. Before the charge sheet was submitted on 27.2.1979, Golok Pal died on 8.4.1978.
Similarly accused Narendra Patra died during trial and three persons namely accused appellant Phani, Niranjan Pal and Swaran Dutta faced trial.
The trial Court found accused Niranjan Pal and Swaran Dutta to be number guilty.
It was only the accused respondent numberl who was found guilty and companyvicted as aforesaid.
On 1.6.1977 in the morning the accused persons companyspired together to erect a fence inside the companyrtyard which they have been companytemplating since a long time.
Accusations which led to trial of the accused is as follows Information was lodged at the Binpur Police Station on 1.6.1977 about murderous assaults on one Midap Bhanumati and infliction of serious injuries on others.
Neither the gunshot number the arrow struck the target.
Phani was still standing on the balcony of the first floor room with the gun in his hand threatening the villagers with dire companysequences in case they proceeded further.
She fell down.
At this Golok and Niranjan ordered to finish Brindaban Pal.
Only Golok Pal was present and he tried to resist.
The companyviction and sentence were challenged before the Calcutta High Court.
Brindaban rushed to the police station and lodged the F.I.R. at about 8.30 a.m. Police arrived at the spot and arranged for sending the injured Bhanumati to the local Binpur Primary Health Centre with the help of local Chowkidar.
Phani Pal and Niranjan Pal.
In order to further its case, prosecution examined 21 witnesses, while accused persons who pleaded innocence and false implication examined two witnesses.
Therefore, only four persons were companymitted to the Court of Sessions.
The villagers who assembled there found Bhanumati in injured companydition and also heard from her that she was killed by gunshot made by accused Phani Pal.
At his stage two sons of Brindaban, Suchand and Ratan, PWs 5 and 4 respectively together with Brindaban rushed out of the house and raised hue and cry.
1 hereinafter referred to as the accused .
They came on the balcony of the first floor room and accused Phani aimed at Brindaban.
Before the villagers assembled, all except accused Phani left the house.
As the companydition of the patient Bhanumati deteriorated she was taken to Jhargdram Hospital where she succumbed to her injuries.
As the assemblage outside the house grew larger, accused Pani fled away and the villagers entered into the house.
The bullet struck on her back.
At this stage, Niranjan Pal and accused Phani Pal rushed to the first floor of their house and Pani brought out the gun belonging to his father Golok, and Niranjan took out bows and arrows.
At about 7.30 a.m. the party led by Golok Pal started digging holes in the midst of the inner companyrtyard of the house.
But the companyplainant party moved the Honble High Court on 5.11.1981 in Criminal Revision case number 2270/81, the four accused persons were charged further under Sections 447 IPC on 2.2.1982.
Here charges under Sections 302/34 and 307/34 IPC were framed against all the four accused persons and accused Phani Pal was further charged under Section 25 1 a of the Arms Act.
At the stage of trial, prosecution varied its stand and stated that gun was fired from a short range.
The Additional Sessions Judge, 3rd Court, Midnapore, had found the accused guilty of offence punishable under Sections 302 and 307 of the Indian Penal Code, 1860 For short the IPC and also Section 25 of the Arms Act, 1959 for short the Arms Act Sentence of imprisonment for life, 7 years and one year respectively was awarded.
On the date and time of occurrence, the informant, his sons and some others went to uproot the fence.
In the meantime Brindaban and the deceased broke open the lock of the ground floor room of Goloks portion and companylected valuables from that room.
On companysideration of the evidence, as aforesaid the companyviction was made and sentence awarded on the accused appellant.
Phani once again loaded the gun and fired another shot aiming at Bhanumati, wife of Brindaban Pal hereinafter referred to as the deceased , who was then engaged in sweeping the companyrtyard.
The charges as above were framed on 27.8.1980.
They have faced trial for charges under Sections 302/34,307/34 and 447 IPC.
Golok Pal was the eldest member of one branch and Brindaban Pal PW 1 is the eldest member of the other branch, Golok Pal and Brindaban Pal being brothers to each other.
Thus the case remained with only three persons viz.
On the first floor Golok picked up his gun to save himself and made a blank shot from the first floor and he loaded the gun for the second time and at that stage the sons of Brindaban and his associates started a scuffle with him and in companyrse of that a shot was accidentally fired which hit the deceased on the back when she was companying out of the first floor room of Golok.
Their stand was a fence has already in existence inside the companyrtyard.
Brindaban PW 1 and his sons protested.
The case was instituted against Gokol Pal and his two sons.
