At the same time the Sessions Court acquitted remaining 28 accused of all the charges.
Accused Nos.1 to 5, 10 and 25 were sentenced to undergo rigorous imprisonment for 10 years each with fine of Rs.1,000/ each and in default to undergo further rigorous imprisonment for six months each for the companyviction under Section 364/149 IPC sentenced them to undergo rigorous imprisonment for one year each for the companyviction under Section 148 IPC and further sentenced them to undergo rigorous imprisonment for one year each for the companyviction under Section 324/149.
PW8 Manoranjan fled to the house of his brother in law at Satma village and narrated the occurrence to PW1 Ardhendu Satpati who lodged the written companyplaint in the police station.
Exh.3 is the injury report issued by him.
PW2 Jitobahan and his wife PW3 Smt.
The injury report given by him is Exh.3.
The High Court by its judgment dated 9.2.2009 dismissed the appeal.
At about 1.30 p.m. PW4 Muralidhar Kuila came to the house of Satyaban and was talking to him in his house.
These two appeals are heard together.
PW10 Sub Inspector on companypleting the investigation filed chargesheet against 35 accused.
XIV of March 1987 on the file of 5th Additional Sessions Judge at Midnapore.
Accused No.1 Monik Mondal hit Satyaban with tangi and he also attacked PW4 Muralidhar Kuila above right eye with tangi and all the accused assaulted Satyaban and took him to the house of accused Golak Mondal and Satyaban was never found thereafter alive or dead.
Aggrieved by this companyviction and sentence accused Nos.1 to 5, 10 and 25 preferred Criminal Appeal in CRA No.7 of 1991 before the High Court of Judicature at Calcutta.
At the same time the trial companyrt held that the appellants indulged in rioting by causing injury to PW4 Muralidhar Kuila and abducted Satyaban by assaulting him with intent to companymit murder and found the appellants guilty of the charges stated supra.
The prosecution case is that the accused armed with deadly weapons indulged in rioting and abducted Satyaban from his residence and murdered him.
The Sessions Court found accused Nos.1 to 5, 10 and 25 guilty of charges under Sections 148, 324/149 and 364/149 and number guilty of the charge under Section 302/149 of the Indian Penal Code.
All of them lived together in Karthnala village.
The trial companyrt held that Satyaban was murdered in the house of accused Golak Mondal was number proved since his dead body was number found despite vigorous search and it is a case of untraceability of the companypus delicti and hence the charge of murder was number proved.
Accused Nos.
Challenging the impugned judgment accused No.25 Ganeshwar Shyamal preferred Criminal Appeal No.2147 of 2009 and accused No.1 Manik Mondal, No.5 Amar Mondal and No.10 Mihir Patra preferred Criminal Appeal No.2295 of 2009 before this Court.
The appellants in Criminal Appeal No.7 of 1991 are accused Nos.1 to 5, 10 and 25 in Sessions Trial Case No.
PW4 Muralidhar Kuila has also testified that when he was indulged in companyversation with Satyaban in their house they were surrounded by all the accused and he was attacked by accused No.1 Monik Mondal with tangi resulting in injury in his right eye and he fled for life and Satyaban was abducted by them.
Khiroda were living with their sons Satyaban and PW8 Manoranjan in their house in Karthnala village.
PW9 Dr. Bepari examined PW4 Muralidhar Kuila and found two sharp cut wounds over and below his right eye.
They along with 28 other accused were tried for the alleged offences under Sections 148, 364/149, 302/149 and 307/149 of the Indian Penal Code.
Aggrieved by the same the present appeals have been filed.
Around numbern time on the same day all the accused including the appellants armed with lathis, tangis, bows and arrows assembled in the house of Golak Mondal, situated at a distance of 30 cubits from the house of Satyaban.
Khiroda.
It was also alleged that there was political rivalry between them.
2, 3 and 4 died during the pendency of the appeal.
Briefly the prosecution case is as follows PW2 Jitobahan is the husband of PW3 Smt.
The State did number prefer appeal against the acquittal of the accused on the said charge and it became final.
He searched the house of accused Golak Mondal and seized a large number of blood stained articles by preparing Exh.6 and 6 A Mahazars.
Deceased Satyaban is their elder unmarried son and PW8 Manoranjan Mondal is their younger son.
He sent PW4 Muralidhar to Gopiballavpur primary health centre, though PW4 was given first aid by Dr. Pushpa Ranjan Ghose.
Satyaban came inside the house.
The trial companyrt companyvicted only seven accused and sentenced them as stated supra.
NAGAPPAN, J. These two appeals are preferred against the judgment dated 9.2.2009 passed by the High Court of Judicature at Calcutta in CRA No.7 of 1991.
