Gyaneshwar Shyamal vs State Of West Bengal

3. Aggrieved by this conviction 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. The High Court by its judgment dated 9.2.2009 dismissed the appeal. Accused Nos. 2, 3 and 4 died during the pendency of the appeal. 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. These two appeals are heard together.

4. Briefly the prosecution case is as follows : PW2 Jitobahan is the husband of PW3 Smt. Khiroda. Deceased Satyaban is their elder unmarried son and PW8 Manoranjan Mondal is their younger son. All of them lived together in Karthnala village. PW4 Muralidhar Kuila is friend of deceased Satyaban. On 9.10.1983 between 9 and 10 a.m., the cattle of accused Hariram Mondal caused damage to the Kundri plants grown on the back side of the house of PW2 Jitobahan. Satyaban drew away the cattle and this enraged Manik Mondal, son of Hariram Mondal, who retaliated with the bow and arrow in his hand. Satyaban came inside the house. It was also alleged that there was political rivalry between them. Around noon 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. At about 1.30 p.m. PW4 Muralidhar Kuila came to the house of Satyaban and was talking to him in his house. At that time all the accused with arms in their hands came there and surrounded Satyaban and Muralidhar. Accused No.1 Monik Mondal hit Satyaban with tangi, a sharp cutting weapon and he also attacked PW4 Muralidhar above the right eye with tangi. PW4 Muralidhar fled away. The accused persons assaulted Satyaban and took him to the house of Golak Mondal. Satyaban was thereafter never found either alive or dead. PWs 2 and 3, parents of Satyaban and PW8 Manoranjan, brother witnessed the occurrence. Fearing for life PW8 Manoranjan fled to the house of his brother-in-law at Satma village and narrated the occurrence to PW1 Ardhendu Satpati who rushed to the police station in his motor-cycle which was at a distance of about 44 kilometers. PW1 Ardhendu Satpati lodged Exh.1 written complaint and PW10 Sub-Inspector Mriganka Sekhar Misra received the same and registered Exh.1(a) First Information Report at 6.15 p.m. on the same day. The police had to requisition a vehicle and ultimately reached the place of occurrence at about 5.00 a.m. in the morning on the next day. PW10 Sub-Inspector searched for the accused persons but they were not found. 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. He sent PW4 Muralidhar to Gopiballavpur primary health centre, though PW4 was given first aid by Dr. Pushpa Ranjan Ghose. PW9 Dr. Bepari examined PW4 Muralidhar Kuila at the primary health centre and found 1½” x ¼” sharp cut wound over right eye and ½” x ¼” sharp wound below the right eye. The injury report given by him is Exh.3. PW10 Sub-Inspector on completing the investigation filed chargesheet against 35 accused. The Sessions Court on framing of charges conducted the trial in which prosecution examined 10 witnesses and marked documents. No evidence was adduced by the defence. The trial court convicted only seven accused and sentenced them as stated supra. On appeal the High Court confirmed the conviction and sentence. Aggrieved by the same the present appeals have been filed.

7. The prosecution case is that the accused armed with deadly weapons indulged in rioting and abducted Satyaban from his residence and murdered him. The trial court held that Satyaban was murdered in the house of accused Golak Mondal was not proved since his dead body was not found despite vigorous search and it is a case of untraceability of the corpus delicti and hence the charge of murder was not proved. The State did not prefer appeal against the acquittal of the accused on the said charge and it became final. At the same time the trial court held that the appellants indulged in rioting by causing injury to PW4 Muralidhar Kuila and abducted Satyaban by assaulting him with intent to commit murder and found the appellants guilty of the charges stated supra. PW2 Jitobahan and his wife PW3 Smt. Khiroda were living with their sons Satyaban and PW8 Manoranjan in their house in Karthnala village. According to PWs 2, 3 and 8 on the occurrence day in the morning cattle of accused Hariram caused damage to the Kundri plants grown on the back side of their house and Satyaban drew away the cattle and enraged by this accused No.1 Monik Mondal retaliated with bow and arrow and Satyaban came inside the house. It is their further testimony that by noon time on the same day all the accused including the appellants assembled in the house of Golak Mondal which was situated near their house and at that time they were armed with lathis, tangis, bow and arrows. PWs 2, 3 and 8 have testified further that PW4 Muralidhar Kuila came at about 1.30 p.m. to their house to meet Satyaban and both of them were talking in their house and at that time all the accused with arms in their hands came to their house and surrounded Satyaban and PW4 Muralidhar Kuila. 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. PW4 Muralidhar Kuila has also testified that when he was indulged in conversation 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. PW9 Dr. Bepari examined PW4 Muralidhar Kuila and found two sharp cut wounds over and below his right eye. Exh.3 is the injury report issued by him. 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 complaint in the police station.

13. There are no merit in the appeals and the same are dismissed.