DILIP KUMAR MONDAL & ANR. Versus STATE OF WEST BENGAL

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 82 OF 2015

(Arising out of SLP (Crl.) No. 9447/2012)

DILIP KUMAR MONDAL & ANR. .. Appellants

Versus

STATE OF WEST BENGAL .. Respondent

 

Complainant – PW 3 – Fatik Chandra Debnath is the brother of the deceased Nripen Debnath. On 22.11.1998 at about 10.00 A.M. the complainant along with his two sons namely, PW-11 Ranjit Debnath and PW-12 Santosh Debnath was doing agricultural work in his field–collecting harvested paddy crops and tying the same. Deceased Nripen Debnath, brother of the complainant and his son Nikhil Debnath (PW-10) proceeded towards the field in a bullock cart for bringing the bundles of harvested paddy crops. The only way to reach their field was through the field belonging to the accused persons and as soon as the bullock cart touched the border of the field of the accused, the accused too exception to the same, which resulted in a wordy altercation between the parties and injuries were inflicted by the appellants on the deceased and witnesses. Appellant Dinesh inflicted injuries in the abdomen of Nripen Debnath with the pasli and the appellant Dilip attacked him with a dau. The other two accused also assaulted the deceased. When Nikhil Debnath (PW-10) tried to rescue his father, he was also badly beaten by the accused. On seeing the incident, PW-3 –Fatik Chandra Debnath rushed to the place of incident and raised alarm. In the process, PW 11–Ranjit Debnath and PW-12–Santosh Debnath also sustained injuries. On hearing hues and cries, the villagers gathered at the place and the accused fled away. 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. 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, charge sheet was filed against the appellants and two other accused under the above stated provisions. To prove the charges against the accused, prosecution has examined 16witnesses 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….read more