Seeing this Madhusudan Singha Mahapatra hereinafter referred to as deceased reached there and raised protest, and over this the accused persons assaulted on the head of the deceased with lathis and also cut the fingers of hand of the deceased with sharp sickle.
Background facts in a nutshell are as follows On 13.9.1990 at about 230 P.M. the appellants accompanied by 15 others as named in the FIR started cutting paddy from the land of the informant Niranjan Singa Mahapatra P.W. 2 in plot number 122/470 of mouza Dakshinbaid within P.S. Khatra.
The police officer on duty told them to go to the Khatra hospital and as instructed they came to the Khatra PHC.
2 through his brother in law Dwijapada Kar P.W. 5 to the Khatra Police Station and on the basis of such written companyplaint Khatra P.S Case number 40 dated 13.9.90 under sections 147/148/149/48/324/325/379 of IPC was started against the accused persons.
Madhusudan Singha Mahapatra fell down on the land and thereafter, P.W. 2 with the help of the other villages brought his father and mother to the police station.
Appellants 1, 2 and 5 before the High Court are appellants 1, 2 and 3 respectively in this appeal.
Hearing the alarm by the deceased, P.W. 2 and his mother Monorama Singha Mahapatra P.W. 4 reached there, but the accused persons also assaulted P.W. 2 and P.W. 4 and in their presence gave further blows on the head of the deceased Madhusudan Singha Mahapatra with sickles.
The trial that followed ended in the companyviction and sentence of the appellants as mentioned above.
Challenge in this appeal is to the judgment of a Division Bench of the Calcutta High Court dismissing the appeal filed by the appellants questioning their companyviction for the offence punishable under Sections 304 Part II read with Section 149 of the Indian Penal Code, 1860 in short the IPC .
After primary treatment the doctor of the said PHC sent all the injured persons to the Bankura Medical College and Hospital where parents of P.W. 2 were admitted and P.W. 2 was discharged after primary treatment.
The injured Madhusudan Singha Mahapatra succumbed to the injuries on 14.9.90, and thereafter, Section 304 of IPC was added and after companypleting the investigation Officer in short I.O. submitted charge sheet against the accused persons under section 147/148/149/48/324/325/379 and 304 IPC.
Appellants 1 to 4 before the High Court were sentenced to suffer RI for 8 years and to pay a fine of Rs.1,000/ each with default stipulation.
Arising out of S.L.P. Crl.
Appellants 1, 2 and 5 before the High Court were also companyvicted under Section 323 read with Section 149 and sentenced to undergo imprisonment for six months and to pay a fine of Rs.200/ each with default stipulation.
No.1263 of 2007 Dr. ARIJIT PASAYAT, J. Leave granted.
P.W. 2 sent the written companyplaint FIR ext.
