Calcutta High Court (Appellete Side)
Matter : Cra vs Status : Disposed Of on 13 December, 2021
13.12.2021 CRA 558 of 2003
Court : 39 Barid Baran Dutta & Ors.
Item : PB-10
Matter : CRA Vs.
Status : DISPOSED OF
Transcriber: NANDY The State of West Bengal
Mr. Binay Kumar Panda, Advocate
Mr. Subham Bhakat, Advocate
...... for the State
None appears for the appellants. The respondent, State of
West Bengal is represented by Mr. Binay Kumar Panda, learned
Advocate.
It appears that despite issuance of several administrative
notices to the appellants, neither any of the appellants nor their
learned Advocate has turned up before the Court.
Learned Advocate for the State submits that the Court may
pass necessary order or direction as the Court deems just after
going through the case records.
Being aggrieved by the judgement and the order of
conviction and sentence passed by the leaned additional
Sessions Judge, Third Court, Bankura in Sessions Trial No. 4(6)
of 1995 arising out of Sessions Case No. 11(3) of 1995, the
appellant Barid Baran Dutta and five others have preferred the
instant appeal.
The prosecution case in a nutshell, may be stated as
under:- On July 31, 1994 at about 07.30 a.m. while the informant
Durga Pada Dutta, Jasoda Nandan Dutta, Jaladhar Dutta, Shibu
Dutta and Gagan Dutta were planting saplings on plot no. 683,
then the appellants who were the accused persons came there
with axe, lathi and stones in riotous mood and assaulted them
with aforesaid instruments. As a result of which they sustained
injuries on their persons. Gagan Dutta sustained injuries in
hands. While the informant Durga Pada Dutta tried to rescue
them from the clutches of accused persons, they also assaulted
him, as a result of which he also sustained injuries. The injured
persons were taken to hospital and they were treated there.
Subsequently, Jasoda Nandan Dutta expired.
On the basis of the FIR lodged by Durta Prasad Dutta, one
Indpur Police Station Case No. 19 of 1994 dated August, 1994
under Sections 143/325/326/34 of the Indian Penal Code was
registered against the accused persons for investigation. After
completion of investigation and on the death of Jasoda Nandan
Dutta, the Investigating Officer submitted chargesheet under
Sections 148/149/323/304/34 of the Indian Penal Code.
Ultimately charge for the offences as above was framed against
the appellants/accused persons who pleaded not guilty and
claimed to be tried. The learned Judge on analyzing and
appreciating the evidence-on-record found all the appellants/
accused persons guilty of commission of offence punishable
under Sections 148/149/323/304/34 of the Indian Penal Code
and sentenced each of them rigorous imprisonment for seven
years and to pay a fine of Rs.2,000/- each, in default, to suffer
simple imprisonment for six months for commission of offence
punishable under Sections 149/304(P-II) of Indian Penal Code.
Besides each of them was sentenced to suffer simple
imprisonment for three months for the offence punishable under
Sections 149/34 of the Indian Penal Code and to pay a fine of
Rs.5,00/-, in default to suffer simple imprisonment for one month.
That apart, each of them was sentenced to pay a fine of
Rs.5,00/-, in default to suffer simple imprisonment for one month
for the offence under Section 148 of the Indian Penal Code. All
the sentences were directed to run concurrently.
I have gone through the evidence-on-record. On analyzing
and further appreciation of the evidence-on-record, I find no
illegality or irregularity in the judgment. Therefore, the judgement
and the order of conviction and sentence passed by the learned
trial Judge does not call for any interference by this Court.
In view of the above, the appeal is dismissed on merits.
The judgment and the order of conviction and sentence
passed by the learned Sessions Judge, Second Court, Bankura
in Sessions Trial No. 4(6)/1996 arising out of Sessions Case No.
11(3)/1995 is hereby affirmed. The bail bond having furnished by
the appellants stand cancelled.
The appellants are directed to surrender before the learned
trial Court to serve out the remaining sentences, if any. If the
appellants do not appear before the learned trial Court, the
learned trial Judge will be at liberty to pass necessary order
including issuance of non-bailable warrant of arrest so that the
appellants serve out the remaining sentences, if any.
The appeal being CRA 558 of 2003 accordingly disposed
of.
(Rabindranath Samanta, J.)
