LexPROBODH PURKAIT versus STATE OF WEST BENGAL AND ORS
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A PROBODH PURKAIT ... v. ;.._ • STATE OF WEST BENGAL AND ORS FEBRUARY 27, 2007 B [B.N. AGRA WAL, P.P. NAOLEKAR AND AL TAMAS KABIR, JJ.] Criminal Trial. c Appreciation of evidence-Unlm1ful assembly-Death of two persons on account of assault by members of unlawjid assembly-Some members of unlawjit! assembly convicted-Conviction challenged-Prosecution witnesses identi_fjJing convicted members of unlmiful assembly-Prosecution witnesses found reliable and corroborating each other-Some of the prosecution witnesses related to one of the accused persons-No reason for implicating D accused persons falsely-Conviction upheld-Indian Penal Code, 1860- Sections 148 and 3021149. The case of the prosecution was that about 400-500 persons formed an unlawful assembly armed with deadly weapons such as lathi tangi, ballam, >( etc. under the leadership of P and attacked and looted house of PW-3 and • E assaulted members of his family. The mob not finding R there but on coming to know that he had gone to house of PW-7, proceeded to the house of PW-7 and some members of the unlawful assembly entered into the house and dragged out R and his son M along with PW-7 and his son PW-6. The members of the unlawful assembly assaulted Rand his son M with lathi, tangi, F ballam, etc. resulting in their death on the spot and also assaulted PW-7, his son PW-6, and Sand looted their household articles. Out of39 persons who faced trial the trial Court convicted six persons under Sections 148, 302/ 149 and 323/149 of Indian Penal Code, 1860 and acquitted other 33 accused .... including P. The six convicted persons, and the State against acquittal of 33 accused persons, filed appeal in the High Court. Division Bench confirmed G the conviction of six accused persons already convicted by Trial Court and also partly allowed appeal filed by State by convicting P and four other accu~ed persons under Sections 148 and 302/149 IPC. The six accused persons initially convicted by Trial Court, four accused persons convicted by High Court along with P and the State against acquittal of remaining accused have H 354 PROBODH l'URKAIT r. STATE OF WEST BENGAL 355 preferred these appeals. A ~ .. Appellant-accused persons inter alia contended that the High Court erred in relying on the unreliable evidence of PWs 3,5,6,7,8 and 9 which had been discarded by the Trial Court; that there were serious discrepancies in the version of the different prosecution witnesses which discredited the entire prosecution case; and that the entire incident was the result of political rivalry B in which the accused persons had been falsely implicated. Dismissing the appeals, the Court HELD: I. The evidence of PWs 6 and 7, which has been relied upon by the Sessions Judge and the High Court establishes that an unlawful mob c assembled at the house of PW-7 and some of the members of the unlawful assembly, who were identified, entered into the house and dragged out Rand M. PWs. 2,3,5,8 and 9 corroborate the evidence of PWs 6 and 7. This Court is unable to accept the reasoning of the Sessions Judge in disbelieving the evidence of PW-2. His evidence has been discarded on the ground that he had D named as many as 157 persons to be part of the unlawful assembly which assembled in front of the house of PW-7. According to the Sessions Judge it )<. was impossible for him to have remembered the names of so many persons present. The Session Judge also doubted his testimony on the ground that -"' the mob would not have allowed him to witness the incident and leave him untouched so that he could be an eye witness against them. Similarly, the E evidence of PWs 3,4, and 5 have been discarded by the Sessions Judge for reasons which are difficult to sustain. (Paras 32 and 331 (362-H-CI 2. PWs 6 and 7 have deposed as to how they were taken by the members of the unlawful assembly, along with M, to where P was standing and on the F instructions of P who told them to act according to plan, the said persons, who where identified by Pws 5, 6 and 7, murdered M. The entreaties of PW 7, ~ who was related to P, also went to vain and he was assaulted on the head by K ....,.. with a lathi. The evidence of PWs 6 and 7 establishes the presence of P and the other convicted persons at the place of occurrence and their involvement in the murder of Mand assault on PWs 6 and 7 and they have been rightly G convicted. Even one of the accused person con
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