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2014 Supreme(SC) 85

RANJANA PRAKASH DESAI, MADAN B.LOKUR
Badal Murmu – Appellant
Versus
State of West Bengal – Respondent


JUDGMENT :

Mrs. Ranjana Prakash Desai, J.

1. There are eleven appellants. All of them were tried by the Additional Sessions Judge, Burdwan for offences punishable under Section 148 and Section 302 read with Section 149 of the IPC. They were convicted for offences punishable under Section 148 and Section 302 read with Section 149 of the IPC and sentenced to undergo imprisonment for life for causing death of one Jhore Soren (“deceased-Jhore Soren”). The appellants’ appeal was dismissed by the High Court. Hence, the present appeal.

2. The prosecution story could be shortly stated:

The appellants and the prosecution witnesses belong to Santhal Community of village Mobarakpur. In March, 1989, deceased-Jhore Soren killed the hen of one Bhagbat. This created a furore in Santhal community. A Salish was called and the deceased was asked to give one hen and two handies of country liquor to Bhagbat as a penalty by the Salishman. Deceased-Jhore Soren complied with Salishman’s order. On 14/4/1989, when deceased-Jhore Soren and PW-7 Kanka were discussing the same incident, appellant-Bhagbat overheard it and showed his displeasure to PW-7 Kanka. When PW7 Kanka protested, the appellants Bhagbat,










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