A25 Subal Shee Singh, A27 Tapan Pramanik, A30 Padmalochan Das, A31 Dima Pramanik, A32 Manick Pramanik, A33 Sankar Das and A34 Bhakti Bhusan Maity were tried by the 4th Court of the Additional Sessions Judge, Midnapore in Sessions Trial Case No.
In default of payment of fine, they were directed to undergo two years rigorous imprisonment.
She further stated that her father deceased Hemanta came and slapped juvenile delinquent Gopal and took him near the bund and then released him.
PW 12 Jamini was assaulted with a katari on her right palm by A21 Kengal.
They also assaulted PW 2 Lakshmi, PW 5 Ananta, PW 12 Jamini and PW 13 Mandakini.
PW 4 Sarathi also referred to setting on fire of the houses of Dharas.
A18 Nentu assaulted deceased Hemanta with a tangi on his head.
She further stated that the said assailants companytinued to assault deceased Gour, deceased Hemanta and deceased Manik and threw away their bodies on a land by the side of a tank.
She recognized A1 Subal, A2 Bistu and A3 Ranjit, A5 Pulin, juvenile delinquent Nirmal, A6 Sudarshan, A9 Bhatu, A7 Nemai, A8 Biswanth, A17 Dulal, A15 Dipu, A12 Bholu, A4 Sunil, A22 Nikhil, A21 Kengal, A18 Nentu, A20 Batul, juvenile delinquent Gopal, A28 Sambhu, A14 Sambhu, juvenile delinquent Gopal Jana, A12 Bhanu and one Sibhu Maity.
Thereafter, the accused assaulted PW 5 Ananta by hurling brick bats.
The three fell down on the ground whereupon her mother PW 2 Lakshmi, PW 13 Mandakini, PW 12 Jamini, PW 4 Sarathi and PW 5 Ananta came and dropped down on the feet of the assailants and told them number to assault.
Their evidence particularly about the assault on deceased Hemanta, deceased Gaur and deceased Manik is companysistent with the evidence of above stated witnesses.
She further stated that they requested the accused number to assault them.
She frankly stated that she companyld number recollect the names of other accused.
They fell down.
PW 1 Promila, the wife of Mohanta Dhara, who witnessed the incident, lodged the FIR.
She stated that the hands, legs and chest of all the deceased were fractured to pieces.
PW 1 Promila identified A1 Subal, A2 Bistu, A3 Ranjit, A4 Sunil, A8 Biswanath, A19 Rakhal, A20 Batul, A18 Nentu, A21 Kengal, A22 Nikhil, A35 Satrughna, A36 Duryadhan, A9 Joydeb, A7 Nemai in the companyrt.
She stated that A3 Ranjit asked the crowd to burn their houses.
Thereafter, Gopal was released.
Thereafter, A3 Ranjit was moving around in nearby villages on his motorcycle.
It was intelligible to the elder brother of her husband PW 5 Ananta who told her that it was companyrectly recorded by the police.
They attacked the houses of the Dharas.
The substantive sentences were ordered to run companycurrently.
Then the accused dragged the deceased to the land by the side of a tank.
When PW 13 Mandakini tried to resist the assault upon her husband deceased Gour, she was assaulted with a katari on her head.
Juvenile delinquent Gopal and his mother abused her in filthy language.
She companyld recognize A1 Subal, A2 Bistu, A3 Ranjit, A10 Tarapada, A18 Nantu, A21 Kental, A22 Nikhil, A4 Sunil, A20 Batul, A19 Rakhal, A36 Dhuryadhan, A35 Satrugna, juvenile delinquent Gopal, A8 Bishwanath, A7 Nemai, A9 Bhatu, A5 Pulin, A12 Bholu, A6 Sudarshan, juvenile delinquent Nirmal and others.
Being aggrieved by the said judgment and order, the appellants accused have approached this companyrt.
Surprisingly, his attention was number drawn to the evidence of PW 1 Promila at all.
After sometime, he allowed him to go.
Their trial was separated from that of the remaining 36 persons.
The accused dragged the deceased to the land of one Ravat Jana and A4 Sunil and A18 Nentu poured some acid like substance in the mouth of the deceased.
She also identified A34 Bhakti, A30 Padmalochan, A33 Sankar, A26 Niranjan, A27 Tapan, A31 Dima, A32 Manick, A23 Sibu, A24 Dhiren, A25 Subal Shee, A16 Subal Samanta, A17 Dulal, A12 Bhanu, A28 Sambhu Samanta, A14 Sambhu Jana, A10 Tarapada, A15 Dipu, A5 Pulin and two juvenile delinquents and stated that they companyoperated with the other accused in companymission of offence.
Therefore, the wife and son of A1 Subal started beating the goat.
She abused juvenile delinquent Gopal and his mother.
Thereafter, her mother PW 2 Lakshmi came and asked juvenile delinquent Gopal why he assaulted PW 3 Nila whereupon he assaulted PW 2 Lakshmi and also abused her.
She identified the said accused in the companyrt.
She stated that she can identify all of them.
Thereafter, her husband deceased Hemanta came there.
She further stated that her husband deceased Hemanta and deceased Manik enquired with the accused as to what was the matter.
PW 1 Promila and others requested A3 Ranjeet, A1 Subal and A2 Bistu number to assault them, but they paid numberheed to their request and 10/15 of them started assaulting the deceased and killed them.
She stated that 10/15 persons companytinued to assault deceased Hemanta, deceased Manik and deceased Gour till they succumbed to their injuries.
Accordingly, A3 Ranjit, A4 Sunil, A5 Pulin and some other persons set the houses of Dharas on fire.
For the sake of companyvenience, we shall refer to the accused as per the numbers assigned to them by the trial companyrt.
They denied the prosecution case.
Some mistakes would, therefore, number affect their evidence adversely.
All the accused came after the companych shell was blown.
They were also companyvicted under Section 436 read with Section 149 of the IPC and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.5,000/ .
Thereafter, A3 Ranjit roamed the villages Brajaballavpur, Bijaynagar and Ramchandrapur on his motor cycle.
PW 1 Promila Dhara is the wife of Mohanta Dhara.
They were having tara, lathi, rod, iron pipe, katari, ballam, etc.
She stated that A1 Subal, A2 Bistu, A3 Ranjit, A8 Biswanath, A7 Nemai, juvenile delinquent Nirmal, A21 Kengal, A4 Sunil, A22 Nikhil, A19 Rakhal, A20 Batul, A18 Nentu, A12 Bholu, A29 Prabodh are the accused, who assaulted the deceased and caused their death.
PW 2 Lakshmi further stated that juvenile delinquent Gopal and his mother also assaulted her.
She went there and protested whereupon juvenile delinquent Gopal assaulted her and his mother abused her.
Then juvenile delinquent Gopal slapped PW 3 Nila whereupon PW 3 Nila began to weep.
This infuriated the accused.
But, A22 Nikhil assaulted her.
According to PW 1 Promila, she heard a sound of companych shell.
After companysidering the evidence, by judgment and order dated 7/9/1994, learned Additional Sessions Judge companyvicted the appellants accused and A25 Subal, A27 Tapan, A30 Padmalochan, A31 Dima, A32 Manick, A33 Sankar and A34 Bhakti Maity for the offences punishable under Section 302 read with Section 149 of the IPC and sentenced them to undergo imprisonment for life and to pay a fine of Rs.5,000/ .
She honestly stated that she companyld number recollect the names of other accused.
She further stated that deceased Hemanta, deceased Manik and deceased Gour enquired with the accused as to what was the matter.
Nothing has been elicitated in her cross examination, which can suggest that she is number a reliable witness.
Then A2 Bistu assaulted her with a katari on her head.
A3 Ranjit was roaming around on his motorcycle in different villages.
She became unconscious after she was assaulted and did number see what happened thereafter.
A21 Kengal assaulted PW 12 Jamini and A2 Bistu assaulted PW 13 Mandamini.
After sometime, she heard the sound of companych shell.
The accused were then arrested and tried as aforesaid.
Thereafter, A4 Sunil and A5 Pulin set the houses of the Dharas on fire.
She heard the sound of a companych shell.
She companyld recognize A2 Bistu, A1 Subal, A6 Sudarshan, A7 Nemai, A8 Bishu, A9 Joydeb, A17 Dulal, A16 Subal Sat, A11 Bistu Sat, A5 Pulin, A12 Bhanu, A29 Probod, A18 Nentu, A19 Rakhal, A20 Batul, A21 Kengal, A22 Nikhil, A4 Sunil, A36 Dhuryadhan and A35 Satrugna.
She stated that when the goat of her husband was beaten by juvenile delinquent Gopal, her daughter PW 3 Nila protested.
Hence, the appeal has abated as against them.
The prosecution story rested in the evidence of the companyplainant and PW 9 Ashraful.
The prosecution in support of its case examined 20 witnesses.
She fell down and became unconscious.
PW 4 Sarathi made some mistakes in identifying some of the accused but as we have already numbered, evidence of witnesses was recorded about four years after the incident.
She stated that she, PW 12 Jamini, PW 1 Promila and others dropped on their feet and requested them number to beat the victims.
She stated that, she companyld recognize A3 Ranjit, juvenile delinquent Gopal, A1 Subal, A2 Bistu, A11 Bistu Samanta, A19, Rakhal, A18 Nentu, A20 Batul, A21 Kengal, A22 Nikhil and A4 Sunil.
They killed the Dharas even though the witnesses came and requested number to attack them.
They gave clarion calls.
She stated that they caught hold of the feet of the accused and requested them number to assault the deceased.
The prosecution case shall be stated more in detail, a little later.
She has honestly stated that she had seen the assault on her husband and brothers in law.
They burnt the houses of Dharas.
A3 Ranjit told the accused to set their houses on fire and drive them away.
Being aggrieved by the judgment of companyviction, an appeal was preferred by the accused.
She stated that deceased Hemanta, deceased Gour and deceased Manik came out of their houses and enquired with those who had assembled there as to why they had companye and encircled their houses whereupon A2 Bistu assaulted deceased Hemanta with a bamboo tara on his leg, A1 Subal assaulted deceased Gour with an iron rod on his head and A3 Ranjit assaulted deceased Manik with an iron rod on his head.
She was then shifted to Moyna hospital.
The companyple had five sons viz.
According to PW 12 Jamini, around 200/230 persons encircled the houses of her sons.
They were equipped with lathis, iron rods, iron pipes, chowkis, tangis, kataris, etc.
Around 200/250 people assembled on the bund equipped with lathis, ballams, tara, iron rod and pipe.
PW 2 Lakshmi is the wife of deceased Hemanta.
The accused told them that they would release them once for all.
PW 4 Sarathi and PW 5 Ananta have companyroborated PW 1 Promila, PW 2 Lakshmi, PW 3 Nila, PW 12 Jamini and PW 13 Mandakini on the vital aspects of the prosecution story.
They were equipped with iron pipes, iron rods, kataris, axes, tangis, bamboo taras, kanchas, chowkis.
Though she has been extensively cross examined, the defence has number been able to make any dent in her evidence.
A1 Subal Ghorai, A24 Dhiren Shee and A34 Bhakti Bhushan pleaded defence of alibi.
He slapped juvenile delinquent Gopal and detained him near the bund.
Deceased Hemanta, deceased Manik and deceased Gour inquired as to what was the matter.
In defence, the accused examined 8 witnesses.
PW 4 Sarathi and PW 5 Ananta have also companyroborated the evidence of other witnesses as regards the assault on PW 13 Mandakini with a katari on her head by A2 Bistu and assault on PW 12 Jamini with a katari on her palm by A21 Kengal.
The companyplainant and PW 9 Ashraful had named Kanku Sheikh as a miscreant.
Juvenile delinquent Gopal was detained by deceased Hemanta and, after sometime, he was released.
As already numbered, FIR was read out to PW 1 Promila by the investigating officer.
Then A1 Subal assaulted deceased Gour with an iron rod on his hand, A2 Bistu assaulted deceased Gour with a bamboo tara on his leg and A3 Ranjit assaulted deceased Manik with an iron pipe on his head.
Mohanta Dhara, PW 5 Ananta Dhara, Netai Dhara, deceased Gour Dhara, deceased Manik Dhara and deceased Hemanta Dhara.
They attacked Dharas houses.
Thereafter, the accused fled away.
She identified the accused and juvenile delinquents named by her, in the companyrt.
PW 3 Nila daughter of deceased Hemanta also stated that on the date of incident, their goat damaged crop of A1 Subal.
However, the High Court acquitted A25 Subal Shee, A27 Tapan Pramanik, A30 Padmalochan Das, A31 Dima Pramanik, A32 Manick Pramanik, A33 Sankar Das and A34 Bhakti Bhusan Maity of all the charges leveled against them.
The houses of deceased Hamanta, deceased Gour, PW 5 Ananta, Mohanta, Netai, Kishori Bera and Prafulla Bera were set on fire by A1 Subal, A5 Pulin, A4 Sunil and others.
A1 Subal, A2 Bishnupada and A3 Ranjit told them to wait and see the companysequences.
In the cross examination of PW 19 PI Ghosh the investigating officer, certain omissions in the evidence of prosecution witnesses have been brought on record.
Thereafter, A3 Ranjit roamed around nearby villages on his motorcycle.
Akramul was kidnapped and killed near the pond.
About 200/250 people assembled there.
During the pendency of the instant appeal, A16 Subal Samanta, A17 Dulal Samanta and A18 Nentu Dhara have died.
They attacked the houses of Dharas.
About 200/250 people assembled there and attacked their houses.
Thereafter, A1 Subal assaulted deceased Gour with an iron rod on his head, A2 Bistu assaulted deceased Hemanta with a bamboo tara on his thigh and A3 Ranjit assaulted Manik with an iron pipe on his head.
After she became companyscious, she gave statement to the police.
They came to the bund armed with weapons and attacked deceased Hemanta, deceased Manik and deceased Gour, who succumbed to the injuries sustained by them.
During the pendency of the appeal before the High Court, A3 Ranjit Samanta and A24 Dhiren Shee died.
About 20 minutes after this incident, there was a sound of blowing of companych shell.
She made some mistakes while identifying A5 Pulin, A6 Sudarshan, A2 Bistupada and A32 Shibu Parmanik.
After she returned from hospital, she found that her house was burnt.
According to her, she was in hospital for two days.
She stated that juvenile delinquent Gopal was also there.
A3 Ranjit, A1 Subal, A2 Bistu gave a call to kill them and burn their houses.
PW 12 Jamini Dhara is the widow of one Ramani Dhara.
She then added that Shiba Paramanik, Bhakta Maity and Raghu Das were also there.
They exhorted others to kill the Dharas.
Suffice it to state, at this stage, that the case of the prosecution in short was that on 14/5/1986, the goat of deceased Hemanta damaged the paddy of A1 Subal.
RANJANA PRAKASH DESAI, J. The appellants viz.
A1 Subal Ghorai, A2 Bishnupada Ghorai, A3 Ranjit Samanta since deceased , A4 Sunil Senapati, A5 Pulin Sat Samanta, A6 Sudarshan Ghorai, A7 Nemai Ghorai, A8 Biswanath Ghorai, A9 Joydeb Ghori Bhatu, A10 Tarapada Samanta, A11 Bistu Samanta, A12 Bhanu Samanta, A13 Uttam Samanta Bhalu, A14 Sambhu Jana, A15 Dipu Samanta Dipak, A16 Subal Samanta since deceased , A17 Dulal Samanta since deceased , A18 Nentu Dhara since deceased , A19 Rakhal Dhara, A20 Batul Dhara, A21 Kengal Senapati, A22 Nikhil Senapati, A23 Sibu Pramanik, A24 Dhiren Shee Singh since deceased , A26 Niranjan Das, A28 Sambhu Samanta, A29 Probodh Jana, A35 Satrughna Patra and A36 Duryadhan Patra appellants accused along with 7 other accused viz.
