It was indeed a great argument witnessed by the DT corresponded it went as….
“…We the human beings are the best creation of the almighty God and our prime purpose in this life is to help others and we should follow the principle that if you cannot help them, at least don’t hurt them…Therefore, I think that this is high time to send message to the wicked person of our society asking them to change their mind set and also to check this brutal trend by imposing severe punishment against this convict…”…. Mihir Kumar Mondal, Judge, Additional Sessions Court III.
The Court was filled with pin drop silence as the Judge kept on pronouncing his Judgement, he gave a last opportunity to plead against his sentence, the convict broke down and said that he had a wife a son and a mother at home, totally dependent on him and was repentant for the act and prayed for the mercy of the Court.
The Public Prosecutor Mr. Pranay Rai, countered that “…the convict has committed a heinous crime and the family condition of the convict as well as compassion should not be a ground for minimizing the punishment to the Convict, then, that matter would give a wrong signal to the society as well as it would vitiate the golden principles of Criminal Jurisprudence…Judiciary is a sacrament rather a fulcrum of societal change and passing of Judgement to the maximum would give a message to the probable perpetrators that nobody is above the law and society but rather ultimately Law prevails…”
It was on the December 30, 2014 in the morning hours at 10am, the deceased victim Dorjee Tamang was wiping his shoes at a cobblers stall situated beside Anurodh Restaurant, a momo shop at Bara Kak Jhora, Darjeeling, when the convict Rickzen Bhutia all of a sudden came from the back and struck the victim with a traffic divider pole on the backside, and succumbed to his injuries and became unconscious. The convict had suspected the victim might have been the person who had committed theft at his house few weeks ago. The victim was rushed to the hospital, referred to North Bengal Medical College and died. The convict was arrested immediately on the January 1, 2015 and never got bailed till date. The Charge Sheet was filed vide Charge Sheet No 19/15 on the March 19, 2015, in total 24 witnesses were examined. Today the Court pronounced the convict Ten Years Rigorous Imprisonment with a fine of Rs 20,000/- in default another additional imprisonment for two years under Section 304 Part II of the Indian Penal Code.
Section 304 part II deals with Culpable Homicide not amounting to Murder and the maximum tenure of imprisonment is 10 year with fine.
Kudos to the Darjeeling Judiciary.
COURT : Mr Mihir Kumar Mondal, Additional Sessions Judge, Court III.
PROSECUTION : Mr Pranay Rai, Public Prosecutor, Dist & Sessions Judges Court. -Mr Krishna Thapa, APP, IIIrd Court.
INVESTIGATION : Mr Dalim Adhikary, S.I. Sadar Police Station.
INVESTIGATION : -Dr U.T.Phinjo, Medical Officer Sadar Hospital, Darjeeling. -Dr Surojit Nandi, Medical Officer, Sadar Hospital, Darjeeling. -Dr Abhisek Roy Burman, Medical Officer, Sadar Hospital, Darjeeling.
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