BELLAL Vs. STATE

JUDGEMENT

(1.) Conspectus of the Appeal Six Appellants named above preferred the present appeal challenging the legality of the judgment and order of conviction and sentence rendered by the learned Sessions Judge, 2nd Court Hooghly on 13.01.1990 in Sessions trial Case No. 51 of 1983 under Sections 148/307/149 and 302/149 IPC (in short Indian Penal Code). Their appeal was admitted on 13.02.1990. All of them were directed to be released on bail to the satisfaction of the learned CJM Hooghly vide this Court's order dated 16.02.1990. When this appeal was made ready for hearing, they absconded. In such a situation their bail bond was cancelled by this Court on 07.08.2008. Subsequently Appellant No. 1 (A1 in short) surrendered on 19.11.08 while Appellant Nos. 2 & 4 (A2 & A4 in short) surrendered on 16.12.08 and 19.11.08 respectively. All the Appellants except Sk. Tazen, since deceased were granted bail for the second time by this Court on 08.07.09. During pendency of this appeal, Al and Appellant No. 5 Sk. Tazen, (A5 in short) expired on 24.08.09 and 11.02.04 respectively.

(2.) The facts emerging from the records of the case may be encapsulated as under:

(3.) Their endeavour was, however, on for going back to Nalitjole. Perceivin their eagerness to return to their own house, Al since deceased and other co-villagers asked them to pay visit to their village ostensibly on the plea of squaring up the disputes. Accordingly on 25.04.81, the de facto complainant PW 1 being accompanied by his two brothers namely Abdul Sayed and Najrul Islam and one of their co-villagers namely Khapa @ Ajijul (PW2) and some of their neighbours in Ayodhya e.g. Jigiria (PW3), Ismail, PW4 and a few others had been to their house at Nalitjole. While they were inspecting damages caused to their house, PW 1 and his companions found assemblage of some villagers near their house. Those people were talking amongst themselves in a low voice. PW 1 and his companions grew suspicious. Sensing danger, they started to run to save themselves. But Al and his associates armed with deadly weapons like Lathi, Tangi, spear, sword bow and arrows were found chasing PW 1 and his brothers together with their companions. After a hot chase those miscreants managed to catch hold of P Ws 3 & 4 ultimately.