IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION APPELLATE SIDE Present:-

HON’BLE JUSTICE PARTHA SARATHI SEN C.R.A. No. 510 of 2005 Sanjay Majhi Gope and Anr.

-Versus-

The State of West Bengal and Ors.

For the appellant: Mr. Mani Sankar Chattopadhyay, Adv., Ms. Shalini Singh, Adv.

For the respondent/State: Mr. Binay Panda, Adv., Mr. Subham Bhakat, Adv.

Last Heard on : 03.03.2025 Judgment on : 06.03.2025 PARTHA SARATHI SEN, J. : –

1. In this appeal the judgement of conviction dated 20.07.2005 and the order of sentence dated 21.07.2005 as passed by the learned Additional Sessions Judge, FTC (4) Raghunathpur, Purulia, in S.T. no. 4(a)/01 (Sessions Case no.17 of 2001) is impugned. By the said judgement learned trial court convicted the accused Kalachand Majhi Gope and Sanjay Majhi Gope for the offence committed by them under Sections 323/34 and under Sections 325/34 IPC. The said trial court also convicted Sanjay Majhi Gope for the offence committed by him under Section 304 Part II IPC. Learned trial court thus sentenced both the aforesaid two convicts to pay fine of Rs. 1000/- each i.d. to suffer SI for six months each for the offence committed by them under Sections 323/34 IPC. The said two convicts were also sentenced to suffer RI for 3 years each and to pay fine of Rs.2000/- each i.d. to suffer RI for six months each for the offence committed by them under Sections 325/34 IPC with a further direction that the sentences awarded under Sections

323/34 and under Sections 325/34 shall run concurrently.

2. The said trial court further sentenced convict Sanjay Majhi Gope to suffer RI for 7 years and to pay fine of Rs.5000/- i.d. to suffer RI for one year more for the offence committed by him under Section 304 Part II IPC with a further direction that the said sentence would also run concurrently with the previous sentences.

3. Both the aforementioned two convicts felt aggrieved and thus preferred the instant appeal.

4. For effective adjudication of the instant appeal the facts leading to initiation of the aforementioned trial are required to be looked into and those are discussed hereinbelow in a nutshell.

5. One Ajit Majhi of village Beko, P.S Kashipur, District Purulia lodged a written complaint dated 17.05.1997 with I/C Adra P.S stating inter alia that on the self same day at about 5 p.m he came to the P.S with his injured grandfather, Khudiram Majhi Gope, his mother, Satyabati Majhi Gope and his father, Dhiren Majhi Gope. It has been stated in the said written complaint that on the said very day at about 3:30 pm when he went to fetch water from Saheb pond at that time he was restrained by one Kalachand Majhi Gope, one Sanjay Majhi Gope, one Sridam Majhi Gope and one Smt. Labi Majhi Gope. It was his further version that during an altercation between them he was assaulted by Sanjay Majhi Gope by a stick to which he raised an alarm. It has been stated further in the said written complaint that after hearing his hue and cry his said grandfather and parents rushed to the P.O in empty hands and immediately thereafter the said accused persons started abusing them with filthy languages and thereafter the said Sanjay Majhi Gope and Kalachand Majhi Gope again assaulted the informant by stick and when the parents of the informant and his grandfather tried to save them, the accused Sridam Majhi Gope assaulted the father of the informant by a stick and Kalachand Majhi Gope and Smt Labi Majhi Gope assaulted his mother on her head by a gainti (iron rod like substance having sharp edge at one end) and also assaulted on her left hand and as a result whereof the mother of the informant suffered bleeding injury on her head and she also suffered fracture injury at her left arm.

6. It has been stated further in the said written complaint that accused Sridam Majhi Gope assaulted Khudiram Majhi with a stick (dang). Accused Sanjay Majhi Gope assaulted the said Khudiram Maajhi Gope on his head by a PAT causing serious injury on his head to which the sa