Form No. J(1)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL APPELLATE JURISDICTION

Present :

The Hon’ble Justice Rajasekhar Mantha

And

The Hon’ble Justice Ajay Kumar Gupta

CRA 522 of 2017

Kamal Singha @ Kadam & Ors.

– Vs. –

The State of West Bengal & Anr.

For the Appellants: Mr. Mujibar Ali Naskar,

Md. Habibur Rahman, Ms. Shaguffa Parveen.

For the State: Mr. Saibal Bapuli, ld. APP,

Mr. Bibaswan Bhattacharya.

Heard on: 02.12.2025 and 04.12.2025.

Judgment on: December 4, 2025.

Rajasekhar Mantha, J.:

1. The instant appeal is directed against the judgment of conviction dated 15th May, 2017 and order of sentence dated 17th May, 2017 passed by the learned Additional Sessions Judge, Fast Track, 2nd Court, Islampur, Uttar Dinajpur in Sessions Trial No. 15 of 2012 (CIS No. 275 of

2015) arising out of Sessions Case No. 113 of 2011.

2. All the appellants were convicted under Section 302 read with Section 34 of the Indian Penal Code and Section 323 read with Section 34 of the Indian Penal Code. They were sentenced to life imprisonment and were directed to pay a fine of Rs. 25,000/- each under Section 302

read with Section 34 of the IPC. They were also sentenced to suffer rigorous imprisonment of one year for offences under Sections 323 read with Section 34 of the IPC. The other accused persons who were charge sheeted were acquitted.

THE PROSECUTION CASE:

3. On 27th May, 2006 at about 3:00 P.M. in the afternoon, the appellants came in a group with the other accused persons carrying sticks, sickles, sword, Hasua, bows and arrows and were forcefully plucking raw mangoes from the garden claimed to have been owned by one Nishikanto Singha (PW-1).

4. Seeing the appellants plucking the mangoes, the victims, Sudhir Singha, son-in-law of the complainant Nishikanto Singha and Prasenjit Singha (PW-7) and Pabitra Kumar Singha (PW-8), nephews of PW1, rushed to the garden to resist the appellants. The appellants got infuriated and attacked the family of the victims, particularly, Sudhir Singha (deceased), Pabitra Kumar Singha and Prasenjit Singha. The appellants also assaulted PW-3, Tapan Roy.

5. Upon hue and cry raised by the victims, the local villagers arrived thereat. The appellants immediately fled the place with their weapons. The victim Sudhir Singha was taken to Karandighi Rural Hospital first and was later referred to Raiganj Sadar Hospital. Due to a Doctors’ strike at the Raiganj Sadar Hospital, he was taken to a Private Nursing Home called Paramount Nursing Home, where he died after three days.

6. A complaint was filed on 30th May, 2006 three days after the incident. FIR No. 116 of 2006 was registered by the Karandighi Police Station under Islampur Sub-Division on 28th May, 2006 under Sections 143/341/326/506 of the Indian Penal Code against the appellants, Kamal Singha @ Kadam, Jhatku Singha, Budhu Singha, Ganu Singha, Shakuntala Singha, Sibani Singha, Malati Singha, Jharu Singha @

Prakash Singha, Fatik Singha and Gannu Singha.

7. Upon completion of investigation, charge-sheet was filed. Initially, on 7th March, 2012, charges were framed by the Trial Court under Sections 323/324/34 against the aforesaid accused excepting Jharu Sindha and Fatik Singha (who were absconding) and the trial commenced. 15 witnesses were examined during the said trial.

8. Later, after the arrest of Fatik Singha and JharuSingha, charges were added on 30th June, 2016 against all accused persons under Sections 302/109/326 of the Indian Penal Code.

THE EVIDENCE ON RECORD

9. In course of first part of the Trial, the following witnesses were examined.

10. PW-1 was NishikantoSingha, the de facto complainant and the claimant to the ownership of the Mango Garden. He deposed that on 27th May, 2006 that was a Saturday around 3:00 P.M., the accused persons, namely, Kadam @ Kamal, Jhatku, Budhu, Ganu, Shakuntala, Shrabani, Malati, Jharu @ Prakash, Fatik had killed his son-in-law, namely, Sudhir.

11. At that relevant point of time, PW-1 was taking lunch that is around 3:00 P.M, when he heard a hue and cry and rushed