SC gives 10 yrs jail to 19 for culpable homicide in W Bengal

After diluting the murder charge against the convicts, the Supreme Court today awarded 10 years imprisonment to 19 persons alleged to be Congress party workers for inflicting deadly injuries to a group of people supporting the CPI(M) at a village in Malda district of West Bengal.
The apex court converted their conviction from murder to culpable homicide not amounting to murder under section 304 Part 1 of the Indian Penal Code, which states that if the act by which the death is caused is done with the intention of causing death, then a person is to be punished with life or 10 years imprisonment.

"Appellants caused injuries with deadly weapons, therefore, intention can be presumed regarding causing injuries as are likely to cause death, which falls under section 304 part I IPC and hence the conviction ordered by the trial court under section 302 IPC is converted to section 304 part I IPC.
"Consequently, appellants are found guilty under section 304 part I IPC and are sentenced to undergo rigorous imprisonment of 10 years with a fine of Rs 5,000 each," a bench of justices K S Radhakrishnan and Dipak Misra said.
The apex court also said those of the appellants who have already undergone sentence of 10 years would be freed on payment of fine and the remaining accused appellants would serve the balance period of sentence and directed them to surrender within a week.

The bench also directed that 50 per cent of the money recovered as fine be paid to the wife of the person who died as a result of injuries received in the attack by around 200 alleged Congress workers during the early hours of July 5, 1983.
On that day, according to the prosecution, the alleged Congress workers had come armed with deadly weapons and surrounded village Siktahar and thereafter proceeded to assault several villagers who were CP(M) supporters.
One of those assaulted succumbed to his injuries.