LAWS(SC)-2013-5-12

MD. ISHAQUE Vs. STATE OF WEST BENGAL

Decided On May 03, 2013
Md. Ishaque Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) This appeal arises out of a common judgment and order dated 14.8.2006 passed by the High Court of Calcutta in CRA No. 425 of 2001and CRA No. 463 of 2001, whereby the High Court confirmed the conviction and sentence awarded to the appellants.

(2.) The prosecution version is that on 5.7.1983 at about 5 AM to 5.30 AM, some 200-250 villagers, which included the accused persons as well, armed with various weapons like Lathi, Ladna, Farsa, Hasua and Ballam surrounded the village Siktahar. The accused persons forced out a number of persons from their houses, assaulted them in various ways and ultimately took four of them in tie-bound condition to a place called Hijul Pakur Field which is some distance away from village Siktahar and they assaulted them with various weapons causing serious injuries. The injured persons were admitted to Ratua Public Health Centre and later, shifted to Malda Sadar Hospital. One of the injured, namely Azad Ali, succumbed to his injuries. The remaining injured persons, viz. the informant - Md. Yasin PW1, Hasan Ali PW4 and Farjan Ali PW2 sustained serious injuries. During the course of occurrence, accused persons also assaulted Mohammed Badaruddin PW3, Mohamed Sabiruddin PW5 and Mohammed Kalimuddin PW6. However, those persons could escape from the clutches of the accused persons and flee from the place of assault.

(3.) Md. Yasin PW1 lodged the FIR on 8.7.1983, which was recorded by N. N. Acherjee, S.I., C.I.D. and forwarded to Ratuna P.S. and a case was registered being Crime No. 9 dated 5.7.1983 under Sections 147, 148, 149, 364, 307, 302 IPC at Ratuna P.S. and the investigation was taken up by the police. Later, investigation was handed over to the C.I.D. and, after completion of the investigation, police submitted the chargesheet against 31 accused persons. (Of the charge-sheeted persons, accused Ajahar Moral and Tabjul died during the course of trial and the accused No. 25 died during the pendency of the appeal before the High Court). Two other charge-sheeted persons, namely, Hafijuddina and Safijuddin, were not sent up and discharged by S.D.J.M. vide his order dated 9.12.1993. Vide order dated 27.8.1983, the S.D.J.M. committed the case to the Court of Sessions.