MOKAB ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is preferred against the judgment and order of conviction and sentence dated 15.03.2000 and 16.03.2000 respectively passed by the learned Additional Sessions Judge, Third Court, Suri, Birbhum in Sessions Trial No. 1 of March, 1998 thereby convicting the accused appellants under Section 148/302 read with Section 149 of the Indian Penal Code and sentencing each of them to suffer rigorous imprisonment for life and to pay a fine of Rs.2,000/- each, in default to suffer rigorous imprisonment for a further period of three months for the offence under Section 302 read with Section 149 of the Indian Penal Code. No separate sentence under Section 148 of the Indian Penal Code was passed.

(2.) The prosecution case, in short, was that on the basis of a complaint lodged by one Bilat Sk, the father of the deceased Abdur Rahaman, a case was registered with Labpur Police Station being P.S. Case No. 6 Dated 31.10.1983 alleging that in the morning of 31.10.1983, while Abdur Rahaman was ploughing his land, the accused appellants being armed with lathi, tangi, bomb, sword and bhojali thereby forming an unlawful assembly attacked Abdur Rahaman and started beating by tying him with a napkin. Abdur Rahaman was tied with a rope with the babla tree and was assaulted with the deadly weapons by the appellants. It was further alleged that Abdur Rahaman died at about 10 A.M. due to such injury and thereafter the accused persons fled away. The defactocomplainant along with others rushed to the place of occurrence and found several injuries on his person.

(3.) Charge was framed under Sections 148/342/149/302 of the Indian Penal Code and under Section 9B(ii) of the Indian Explosive Act against the accused appellants. The appellants were acquitted of the charge under Section 9B(ii) of the Indian Explosive Act, but was convicted under the sections as aforesaid.