Guiram Mondal vs State Of West Bengal

2. The State of West Bengal, aggrieved by the order of acquittal, preferred G.A. No.22 of 1987 before the High Court of Calcutta. The High Court vide its judgment dated 28.11.2006 partly allowed the appeal and convicted the appellant along with four others, while maintaining the order of acquittal passed by the trial Court, in respect of rest of the accused persons. Tarun Mondal, 3rd accused, was further found guilty of the murder of Sultan Khan.

3. We are, in this case, concerned only with the appeal filed by Guiram Mondal, 10th accused. The prosecution case, in short, is that on 26.4.1984 at about 12 hours the accused persons formed an unlawful assembly with deadly weapons and took along with them Amrita Dome and Sultan Khan through a kuchha road in village Pechaliya and, in the process, assaulted both Amrita Dome and Sultan Khan. Some of the witnesses, who are relatives of the deceased Amrita Dome, tried to save him but they were also assaulted by the accused persons and the informant Sadananda Dome (PW1) was shot at by a pipe-gun and he sustained injuries. While the accused persons were proceeding as such, Amrita Dome managed to escape from their clutches and took shelter in the house of Monohar Mondal @ Manu Mondal (PW2). The accused persons, however, chased Amrita Dome and brought him out of the house of Manu Mondal and killed him in the passage or pathway lying between the house of Manu Mondal and his nephew Sahadeb Mondal. Accused persons after murdering Amrita Dome left the spot to chase Sultan Khan, who was left injured in front of Durga temple which was close to the house of Monohar Mondal. Sultan Khan was also murdered by them and they carried away his death body to the grazing field and left it there.

5. PW 12 Dr. S. Nath, conducted the post-mortem on both the dead bodies and opined that the death was due to effect of head injury and associated injuries which were anti mortem and homicidal in nature. PW 15 on 13.5.1984 arrested various accused persons including the appellant and were brought before the trial court. On the side of the prosecution 16 witnesses were examined. PW 1 Sadananda Dome, the first informant is the brother of the deceased Amrita Dome. Monohar Mondal, in whose house the deceased Amrita Dome took shelter, was examined as PW2. Menoka Dome, wife of deceased Amrita Dome, was also examined as PW 3 and Sankar Dome, the father of the deceased Amrita Dome was also examined as PW 5. On the side of the defence, Joydev Garian DW1 was examined.

6. Dr. S. Nath was examined as PW12, who conducted the post-mortem on the dead bodies on 27.4.1984 deposed that on the dead body of Amrita Dome he found (1) one incised wound on right lateral aspect of forehead 2.5” x 2” x .5” (2) one incised wound in mid-region of forehead 3” x 2” x .5” (3) one incised would 3” below the midpoint of chin 4” x 2” x 2.5” laryns and tranches cut off. He also noticed fracture of 4th, 5th ^ 6th ribs on the right side (2) fracture of 4th and 5th ribs on the right side (3) right lung was found ruptured. Further, it was also noticed a fracture of frontal bone. PW 12 has opined that the death was due to the effects of head injury and associated injury was ante mortem and homicidal in nature. PW12 conducted the post-mortem over the dead body of Sultan Khan and found (1) one incised would 3” x 2” x 1” on back portion of head (2) one incised would on left lateral aspect of neck 2” x 1.5” x 1” and (3) one incised would 4” x 3” x 5” x4” aspect of neck 2” x 1.5” x 1”. He also found fracture of 4th, 5th, 6th and 7th rib of the right side and fracture of 4th, 5th and 6th ribs of the left side. He found fracture of occipital bone and both the lungs were ruptured. In his opinion, death was due to head injury and associated injury ante mortem and homicidal in nature.

15. Considering the totality of the evidence and circumstances of the case, we are of the view that the High Court has rightly reversed the judgment of the trial court after finding the appellant guilty under Section 302 read with Section 148 of IPC for the murder of Amrita Dome and awarded the sentence of life imprisonment. We, therefore, find no reason to interfere with the judgment of the High Court. The appeal lacks merit and the same is dismissed.