YUSUF WARSI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence passed by learned Additional Sessions Judge, 9th Fast Track Court, in Sessions Trial No. 1(8) of 2002 arising out of Sessions Case No. 78 of 2002 sentencing the appellant to suffer R.I. for life and to pay fine of Rs. 2,000/- in default to suffer S.I. for six months.

(2.) The case of the prosecution, in short, is that one Md. Akbar lodged complaint alleging that on 12.11.2001 at about 7.30 P.M. Bachcha Raju, Ullu Raju and Kamal, the known miscreants came to his house and started abusing in the name of his younger brother Md. Asgar @ Bablu and demanded money from them. At that time all the brothers of the informant were present in their house. The accused persons asked Md. Asgar @ Bablu to step down and thereafter they went down stairs. The informant and his brothers also went down stairs and thereafter they saw that the accused persons were beating a neighbouring boy named Bombaiya. When the informant and his brother resisted, all of them drew out their firearms. Being frightened, the brothers of the victim went back and the accused persons dragged Md. Asgar @ Bablu a little distance away and abused him as he did not give them money. Soon thereafter they shot at the forehead of Md. Asgar with a firearm in front of their house on market area and beside the CESC Feeder Box. Thereafter they ran away towards Coolins Street. Asgar fell down having sustained bleeding injuries. The informant Md. Akbar and other people rushed to that place and took Md. Asgar to the Medical College & Hospital in unconscious condition. He was admitted there. Subsequently Md. Asgar succumbed to the injuries. The statement of Akbar was recorded by the police officer when he along with others took the injured to the hospital. This statement was treated as the F.I.R.

(3.) The Taltala P.S. case No. 458 dated 12.11.2001 was started and after completion of investigation the charge sheet was submitted. The charge was framed under Section 302/34 against the accused Rashid Alam @ Gabbar and Raju @ Yusuf Warsi @ Bachcha Raju who faced the trial. The charge was read over and explained to the accused persons who pleaded not guilty and claimed to be tried.