Dilip Kumar Mondal & Anr vs State Of West Bengal

2. This appeal arises out of the judgment of the Calcutta High Court dated 13.2.2012 passed in C.R.A. No.747/2008, in and by which, the High Court confirmed the conviction of the appellants under Section 302/34 IPC and the sentence of life imprisonment imposed upon them and set aside the conviction of the appellants under Section 326 IPC.

4. All the four injured persons were immediately taken to Godhanpara Hospital wherein PW-10-Nikhil Debnath and PW-11 -Ranjit Debnath were discharged after first aid. As the condition of Nripen Debnath and PW-12 Santosh Debnath was precarious, they were referred to N.G. Hospital, Berhampore. Nripen Debnath succumbed to the injuries on his way to the hospital.

5. Law was set in motion by PW-3 Fatik Chandra Debnath by lodging a complaint at Police Station Raninagar, District Murshidabad. On the basis of the complaint, a case was registered under Section 302/34 IPC and 326/34 IPC against the accused persons. PW-14 Dr. Gobinda Banerjee conducted autopsy on the body of Nripen Debnath and PW-14 opined that the death was due to shock and haemorrhage and issued Ex P6-Post mortem certificate. After completion of due investigation, chargesheet was filed against the appellants and two other accused under the above stated provisions. To prove the charges against the accused, prosecution has examined 16 witnesses and exhibited a number of documents and material objects. The accused were questioned under Section 313 Cr.P.C. about the incriminating evidence and the circumstances but the accused denied all of them and pleaded innocence. The accused have stated that they have been falsely implicated due to political rivalry and they have been victimized .

6. Upon consideration of oral and documentary evidence, the Sessions Court convicted the appellants under Sections 302/34 IPC and 326/34 IPC and sentenced them to undergo imprisonment for life and to pay a fine of Rs.2000/- with default clause. For the offence under Section 326 IPC, the accused were sentenced to undergo imprisonment for three years and to pay a fine of Rs.1000/- with default clause. Accused Arjun Mondal was acquitted of all the charges giving him the benefit of doubt. Fourth accused-Vipad died pending trial. Aggrieved by the conviction, the appellants preferred appeal before the High Court of Calcutta which by the impugned judgment has confirmed the conviction of the appellants under Section 302/34 IPC and the sentence of life imprisonment imposed on them. Their conviction under Section 326 IPC was set aside. Being aggrieved, the appellants have preferred this appeal by special leave.

25. In the result, the conviction of the appellants under Section 302/34 IPC is altered to one under Section 304 Part I IPC and the appellants are sentenced to undergo imprisonment for a period of ten years. The appeal stands allowed to the above extent.

Crl. A.NO....../2015 arising from SLP (Crl.) No(s). 9447/2012 (Arising out of impugned final judgment and order dated 13/02/2012 in CRA No. 747/2008 passed by the High Court Of Calcutta) DILIP KUMAR MONDAL & ANR Petitioner(s) VERSUS STATE OF WEST BENGAL Respondent(s) Date : 14/01/2015 This petition was called on for pronouncement of JUDGMENT today.

For Petitioner(s) Mr. Mithilesh Kumar Singh,Adv.

For Respondent(s) Mr. Anip Sachthey,Adv.

Hon'ble Mrs. Justice R. Banumathi pronounced the judgment of the Bench comprising Hon'ble Mr. Justice T.S. Thakur and Hon'ble Mrs. Justice R. Banumathi.

Leave granted.

The appeal is allowed in terms of the signed order.

(Signed Reportable judgment is placed on the file)