In cases involving unlawful assembly and common intention, the court must carefully evaluate the evidence to determine the participation of each accused person in the offense and their role in furtherance of the common object.

A. C. SEN GUPTA, J.

( 1 ) THIS appeal is directed against the order of conviction and sentence passed by the Additional Sessions Judge of Barasat in Sessions Trial Case No. 2 of March, 1985 of that Court. Each of the six appellants have been convicted and sentenced to suffer imprisonment for life and to pay a fine of Rs. 500. 00 in default to suffer rigorous imprisonment for six months under sections 302/149 I. P. C. Each of them has also been sentenced to suffer rigorous imprisonment for three years on a charge under section 148 I. P. C. The sentences have been ordered to run concurrently.

( 2 ) NOW the prosecution case is mainly this:- On 26/4/1981 corresponding to 13th Baishala 1388 B. S. which was a Sunday at about 11/11. 30 A. M. about 40/45 person of the Bride's party came from the village Telia, to the house of Bhola Parui at Kharupara on the occasion of Boubhat Ceremony In respect of the marriage of Bhola Parui's son. There, was a disturbance and quarrel between Bhola Parui and his co-villagers on the one hand and the Brides party of the Telia village on the other because instead of 15/16 heads the Brides party comprised 30/40 persons. The villagers of Kharupara that is, the co-villagers of Bhola Parui tried to control the situation but the villagers of Telia, that is, the Bride's party assaulted P. Ws. 1, 6, 13 and 14 and left the village without taking meals in Bhola, Paruis house, by swimming across the river Bidhyadhari which runs in between the two 8 villages namely, Kharupara and Telia. Within a few minutes thereafter about 10/15 villagers of Telia again came to Kharupara and attacked the villagers. Out of fear some of the villager of Kharupara Including P. W. 10 rushed to an open land and in the meantime the appellant Haripada and Joykrishna rushed to the house of P. W. 1 Joykrishna had then a lathi in his hand and Haripada, a spear, Joykrishna dragged Sushil, son of P. W. 1, from his room in where Sushil took shelter and Haripada pierced the left chest of Sushil with this spear. Sushil on being assaulted fell down and died. After committing the mischief Haripada, Joykrishna and owners fled away hurriedly.

( 3 ) AFTER the occurrence P. W. 1 went to Police Station on that day that is, on 26. 4. 1981 and lodged the F. I. R. , which was recorded by the O. C. Haroah P. S. at 5. 05 p. m. The O. C. then reached the Kharupara village on that day that is, on, 26/4/1981 at 6. 30 p. m. He seized blood-stained earth from the courtyard where lay the dead body of Sushil and some dl other articles and held inquest and sent the dead-body for post-mortem examination. Then he examined witnesses and lent P. Ws. 1, 6, 13 and 14 who had injuries on their persons to Haroah Primary Health Centre for treatment.

( 4 ) HE searched in vain for the accused persons in the village Telia on that night. Haripada could be arrested in the early morning of 7/5/1981. He was brought Haroah P. S. at 9. 55 a. m. Pursuant to his statement the 1. 0. accompanied by force went with the accused Haripada to the Telia village. The accused Haripada got down in a pond near his house and brought out a spear head with cutoff handle from the pond. The 1. 0. P. W. 21 seized the spear-head In the presence of witnesses. The 1. 0. sent the spear-head and some other articles seized by him in separate sealed packets to Forensic Science Laboratory. On examination at the P. S. L. the spear head was found stained with human blood.

( 5 ) AFTER collecting the necessary reports and completing investigation P. W. 21 submitted charge-sheet on 6/7/1983.

( 6 ) THE defence case as appearing from the suggestions given to the prosecution witnesses and the statement of the accused recorded under section 313 Cr. P. C. is mainly this:no such incident as alleged occurred. The accused persons have been falsely implicated. The I. P. P. W. 21 in collusion with P. W. 4 concocted and manufactured the story of murder by the accused persons. There was trouble between the villagers of

Click Here to Read the rest of this document