The Medical Officer prepared the Post Mortem Report Ex.
The oral and documentary evidence was put to the accused under Section 313 of the Code of Criminal Procedure, 1973 for short Cr.
After hearing the parties, the trial companyrt came to the companyclusion that accused Bivash Chandra Debnath Patal, Sambhu Ghosh and Sadananda Mondal, with some others, in furtherance to companymon object, companymitted murder of Ajit Nath, and held all the three guilty of charge of offence punishable under Section 302 read with Section 149 IPC on 5.8.1994.
Accused Bivash Chandra Debnath Patal appellant No.
Bone fibula was found cut in two pieces.
One incised wound 2 x 1 muscle deep over the lateral side of right knee.
The Medical Officer opined that the deceased had died of shock and haemorrhage resulting from the ante mortem wounds described above.
The First Information Report of the incident was given orally by PW 1 Satya Charan Debnath to PW 6 S.I. Nasrul Ismal of Police Station Tehatta on the very day 1.12.1983 at about 10.30 a.m. Said report was recorded as Ex.
They saw that accused Bivash Chandra Debnath Patal with the help of companyaccused Sunil Nath, Jemini Debnath, Sambhu Ghosh appellant No.
On this, the prosecution got examined PW 1 Satya Charan Debnath informant and eye witness , PW 2 Kartik Nath, PW 3 Panchanan Debnath, PW 4 Dulal Nath all the three eye witnesses , PW 5 S.I. Ajay Kumar Ghosh, PW 6 S.I. Nasrul Islam who recorded First Information Report and prepared the Inquest Report , PW 7 Nirmal Adhikari Driver of the police vehicle , PW 8 S.I. Sanjib Kumar Biswas Arresting Officer of some of the accused , PW 9 Dinabandhu, and PW 10 Const.
1, and the crime was registered at 11.55 a.m. at the police station against 30 accused, namely, Bivash Chandra Debnath Patal appellant No.
However, numberevidence in defence appears to have been given.
1 as to why his land was being dug without his permission.
5 and opined that the deceased had died due to shock and haemorrhage due to the ante mortem injuries suffered by him.
PW 2 Kartik Nath, PW 3 Panchanan Debnath and PW 4 Dulal Nath all eye witnesses have companyroborated the oral testimony of PW 1 Satya Charan Debnath.
Prosecution story, in brief, is that PW 1 Satya Charan Debnath and his sisters husband Ganesh Nath purchased two pieces of land situated on numberthern side of Panchanantaal of village Garibpur about a month before the incident.
2 , Sidiram Gosh, Sadananda Mondal appellant No.
1 , Sunil Debnath, Jemini Debnath, Sambu Ghosh appellant No.
The same are reproduced as under One incised wound 5 x 1 muscle deep over the front of right elbow.
CW 1 Dr. Rabindra N. Kundu stated that the wounds suffered by the deceased companyld have been caused by Tangi, Dao and the death companyld have been resulted in ordinary companyrse of nature by such injuries.
Apart from this, CW 1, Dr. Rabindra N. Kundu who companyducted post mortem examination was also examined.
The Public Prosecutor and the companynsel for the accused, thereafter, were heard on sentence, and each one of the three companyvicts Bivash Chandra Debnath, Sambhu Ghosh and Sadananda Mondal were sentenced to imprisonment for life and directed to pay fine of Rs.1000/ , in default of payment of which the defaulter was directed to undergo rigorous imprisonment for a further period of two years.
One incised wound 2 x 1 muscle deep over the left side of neck.
From the evidence of the Medical Officer read with the autopsy report, it is proved on the record that Ajit Nath died a homicidal death.
The case was companymitted to the Court of Sessions for trial.
Bone scapula was found cut.
3 and 27 others, was engaged in digging the land of Ganesh Nath and companystructing irrigation channel.
Out of the injured, Ajit Nath succumbed to the injuries, and rest of the injured PW 4 Dulal Nath, PW 2 Kartik Nath, PW 3 Panchanan Debnath and Basudeb Nath were taken to hospital for medical treatment.
One incised wound 4 x 1 muscle deep over the lateral side of right leg.
The dead body was sent for post mortem examination.
He interrogated the witnesses.
On exploring the wound, the temporal bone was found cut.
One incised wound 6 x 2 over the right scapula region.
1 had his land on the west of the land purchased by the Ganesh Nath.
On this, PW 1 Satya Charan along with Ganesh Nath and his three brothers Ajit Nath, Dulal Nath and Kartik Nath, and his son Panchanan Debnath, rushed towards the land where the digging work was on.
Aggrieved by said judgment and order dated 5.8.1994, the three companyvicts challenged the same before the High Court and filed Criminal Appeal No.
CW 1 Dr. Rabindra N.Kundu companyducted autopsy on the dead body of the deceased on 2.12.1983 and recorded as many as eight ante mortem injuries, including six incised wounds.
The Investigating Officer arrested the accused and on companypletion of investigation, submitted charge sheet against as many as thirty accused, including appellants Bivash Chandra Debnath, Sambhu Ghosh Ram Pada and Sadananda Mondal.
Ganesh Nath objected to and asked the appellant No.
3 , Surja Mondal, Dayal Mondal, Biswa Nath Mondal, Nemai Mondal, Ranjit Mondal, Jaganath Mondal, Adwaita Mondal, Anil Nath, Dulal Mondal, Kartick Biswas, Ganesh Biswas, Srishtidhar Biswas, Dulal Biswal, Sunil Biswas, Santosh Biswas, Bhim Chandra Nath, Naba Kumar Nath, Narayan Chandra Nath, Nirmal Kumar Nath, Gopal Chandra Mondal, Anil Mondal, Lakshman Mondal and Biswanath Nath, in respect of offences punishable under Sections 147, 148, 149, 447, 326 and 302 IPC.
Jiaul Islam.
On 1.12.1983 at about 8.00 a.m., PW 1 Satya Charan Debnath and his brother in law Ganesh Nath came to know that accused Bivash Chandra Debnath along with many others was digging an irrigation channel through the land of Ganesh Nath to his land.
Before further discussion, we think it just and proper to mention the ante mortem injuries found on the body of the deceased Ajit Nath recorded by CW 1 Dr. Rabindra N. Kundu, after post mortem examination, in Ex.
This enraged the three appellants and their associates who brought Tangi, Spear, Ram Dao, Bow and Arrow, sticks, etc.
from the village and chased PW 1 Satya Charan Debnath, Ajit Nath, Panchanan Debnath and Basudeb Nath, upto the field of Jiten Nath, and assaulted them and left them bleeding at the spot.
P.C. on 19.7.1994 in Bangla, in reply to which they stated that they knew numberhing about the incident, and pleaded that the evidence adduced against them, is false.
5 that the ante mortem injuries were homicidal in nature.
235 of 1994.
2 , Sidhiram Ghosh, Budhadeb Ghosh, Sadananda Mondal appellant No.
Both of them started cultivation on the land purchased and planted seeds of Baro paddy.
PW 6 Nasrul Islam, along with police personnel, after getting the case registered, as above, went to the spot, took the dead body of Ajit Nath into possession, sealed the same and prepared the inquest report.
The High Court, on re assessment of the evidence, companycurring with the view taken by the trial companyrt, dismissed the appeal.
As to the rest of the accused, the trial companyrt found that the prosecution has failed to prove charge as against them, as such they were acquitted.
One incised wound 2 x muscle deep over the right side angle of jaw.
A number of bruises over different parts of the body.
The trial companyrt, after hearing the parties, framed charge of offences punishable under Sections 147, 447/149, 326/149 and 302/149 IPC against all the thirty accused on 4.9.1989 to which they pleaded number guilty and claimed to be tried.
Hence, this appeal through special leave.
Prafulla C. Pant, J. This appeal is directed against judgment and order dated 2.3.2010, passed by the High Court of judicature at Calcutta in Criminal Appeal No.
One incised wound 3 x 1 bone deep over the right side of head beyond right ear.
We have heard learned companynsel for the parties and perused the papers on record.
He further mentioned in his report Ex.
