SK. KHABIR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment and order dated 24.12.2010 passed by the High Court at Calcutta in CRA No. 42 of 1990 wherein the High Court upheld the judgment and order dated 13.01.1990 passed by the 2nd Additional Sessions Judge, Hooghly in Sessions Trial No.51 of 1983 convicting the appellants for offences under Sections 148,307/149 and 302/149 of IPC.

(2.) Brief facts of the prosecution case, necessary for the disposal of this case is as follows. The defacto complainant (PW1), and his brothers Abdul Sayed and Narul Islam were arrested sometime in May,1980 in connection with murder of one Saiful Islam of Nalitjole Village. Even after getting released by bail, they could not go back to their village as their residence was ransacked and damaged by the enraged villagers. However, the accused persons along with others, persuaded the complainant and his brothers, to return to their village. Consequently, on their return to the village on 25.04.1981, they found an assemblage of villagers near their house and suspecting certain danger, they ran to save their lives. But, they were chased by the accused persons, including the present appellant, armed with deadly weapons like swords, spears and lathis etc. This pursuit ended with the brutal killing of the brothers of PW 1complainant at around 11:45 A.M, wherein the complainant himself was grievously injured by the accused persons. Thereafter, the FIR being Case No.18/1981, dated 25.04.1981, came to be registered under Sections 148,149,342,326,307,302 of IPC, wherein around 26 persons, including the present appellant were named as the accused persons. Subsequently, the chargesheet was submitted under Sections 148/149/307/302, IPC against the appellant and 12 others. Thereafter, the accused persons were put on trial as they did not plead guilty to the charges leveled against them.

(3.) After the conclusion of trial, the present appellant, and five others were found guilty and convicted under Sections 148/307, IPC read with Section 149/302, IPC. Aggrieved, by the aforementioned judgment of conviction the accused persons, including the appellant, preferred an appeal before the High Court in Criminal Appeal No.123 of 1985, wherein they contended that, there has been irregularity in framing of the charge and therefore, the conviction and sentence was not sustainable on the basis of such irregular charge. Vide order dated 31.07.1981, the High Court allowed the appeal preferred by the accused persons and remanded back the matter for retrial.