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2019 Supreme(Cal) 794
IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
MD MUMTAZ KHAN, JAY SENGUPTA, JJ.
Chhatradhar Mahato And Others - Appellant
Versus
State of West Bengal - Respondent
Criminal Appeal No. 426 of 2015, 425 of 2015; C.R.A.N. No. 1152 of 2018
Decided On : 14-08-2019
Advocate Appeared:
Sekhar Kumar Basu, Adv., Soubhik Mitter, Adv., Arushi Rathore, Adv., Rajnandini Das, Adv., Kishore Datta, Adv., Saswata Gopal Mukherjee, Adv., Ranabir Ray Chowdhury, Adv., Trina Mitra, Adv.
The prosecution must prove the intention and design to wage war against the State in order to establish the offence of waging war against the State.
Headnote:
CRIMINAL APPEAL - [KEYWORD] - [SUBJECT] - [ACT SECTION LIST] - [SUMMARY]
Fact of the Case:
The appellants were convicted and sentenced for various offences, including waging war against the State, conspiracy, sedition, and possession of arms and explosives. The prosecution alleged that the appellants were members of a terrorist organization and had conspired to wage war against the State by planting a bomb to scare away police and conducting a meeting. The appellants denied the charges and claimed that the prosecution case was fabricated.
Finding of the Court:
The court found that the prosecution had failed to prove the charges of waging war against the State and conspiracy, but upheld the convictions for sedition and possession of arms and explosives. The court also reduced the sentences imposed on the appellants under Section 124A of the Penal Code and Section 25(1) (b) of the Arms Act.
Issues: Whether the prosecution had proved the charges of waging war against the State, conspiracy, sedition, and possession of arms and explosives.
Ratio Decidendi: The court held that the prosecution had failed to prove the charges of waging war against the State and conspiracy, as the evidence did not establish that the appellants had the intention and design to wage war against the State. However, the court upheld the convictions for sedition and possession of arms and explosives, as the evidence showed that the appellants had possessed arms and explosives and had engaged in seditious activities.
Final Decision: The appeals were disposed of, and the convictions and sentences of the appellants were upheld, except for the sentences under Section 124A of the Penal Code and Section 25(1) (b) of the Arms Act, which were reduced.
JUDGMENT :
JAY SENGUPTA, J.
1. These appeals are directed against the judgment and order of conviction dated 11.05.2015 and sentenced dated 12.05.2015 passed by the learned Additional Sessions Judge, 4th Court, Paschim Medinipur in Sessions Trial No. XLVI/March/2010. By the said judgment, while accused Chhatradhar Mahato, Sambhu Soren alias Lalu, Sagun Murmu, Suksanti Baskey, Raja Sarkhel and Prasun Chatterjee alias Bhutan were acquitted from the charge under Section 307 read with section 34 of the Penal Code, the accused Chhatradhar Mahato, Sambhu Soren, Sagun Murmu and Suksanti Baskey were exonerated of the charges under Sections 16(1)(b) and 17 of the Unlawful Activities (Prevention) Act (the UAPA, for short), the accused Sambhu Soren alias Lalu and Sagun Murmu were acquitted from the charge under Section 3 of the Explosive Substances Act and the accused Suksanti Baskey and Chhatradhar Mahato were exonerated from the charge under Section 4(b) of the said Act, the following accused/appellants were convicted and sentenced as herein below :
| Sl. No | Name of accused | Conviction for offence committed under Section | Sentence awarded |
| 1. | Chhatradhar Mahato | 121 of IPC | Life imprisonment with fine of Rs. 5000/-, in default to suffer further simple imprisonment for another six months. |
| 121 A of IPC | 10 years’ imprisonment with fine of Rs. 5000/-, in default to suffer further simple imprisonment for another four months. | ||
| 122 of IPC | 08 years’ imprisonment with fine of Rs. 4000/-, in default to suffer further simple imprisonment for another three and half months. | ||
| 123 of IPC | 08 years’ imprisonment with fine of Rs. 4000/-, in default to suffer further simple imprisonment for another four months. | ||
| 124A of IPC | Rigorous imprisonment for life. | ||
| 18 of UAPA | 10 years’ imprisonment with fine of Rs. 5000/-, in default to suffer further simple imprisonment for six months. | ||
| 38(2) of UAPA | 08 years’ imprisonment. | ||
| 39(2) of UAPA | 08 years’ imprisonment. | ||
| 40(2) of UAPA | 08 years’ imprisonment. | ||
| 20 of UAPA | 10 years’ imprisonment with fine of Rs. 5000/-, in default to suffer further simple imprisonment for six months. | ||
| 25(1)(b) of the Arms Act, 1959 | 05 years’ imprisonment with fine of Rs. 3000/-, in default to suffer further simple imprisonment for three months. | ||
| 2. | Sambhu Soren alias Lalu | 121 of IPC | Life imprisonment with fine of Rs. 5000/-, in default to suffer further simple imprisonment for another six months. |
| 121 A of IPC | 10 years’ imprisonment with fine of Rs. 5000/-, in default to suffer further simple imprisonment for another four months. | ||
| 122 of IPC | 08 years’ imprisonment with fine of Rs. 4000/-, in default to suffer further simple imprisonment for another three and half months. | ||
| 123 of IPC | 08 years’ imprisonment with fine of Rs. 4000/-, in default to suffer further simple imprisonment for another four months. | ||
| 124A of IPC | Rigorous imprisonment for life. | ||
| 18 of UAPA | 10 years’ imprisonment with fine of Rs. 5000/-, in default to suffer further simple imprisonment for six months. | ||
| 38(2) of UAPA | 08 years’ imprisonment. | ||
| 39(2) of UAPA | 08 years’ imprisonment. | ||
| 40(2) of UAPA | 08 years’ imprisonment. | ||
| 20 of UAPA | 10 years’ imprisonment with fine of Rs. 5000/-, in default to suffer further simple imprisonment for six months. | ||
| 3. | Sagun Murmu | 121 of IPC | Life imprisonment with fine of Rs. 5000/-, in default to suffer further simple imprisonment for another six months. |
| 121 A of IPC | 10 years’ imprisonment with fine of Rs. 5000/-, in default to suffer further simple imprisonment for another four months. | ||
| 122 of IPC | 08 years’ imprisonment with fine of Rs. 4000/-, in default to suffer further simple imprisonm | ||
