HASIN TABREJ Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) One Wasim Ashram was staying in a room in premises no. 120, C.G.R. Road, Khidirpur. He was a tenant under Nausad Ali, P.W. 2. He was a businessman dealing with jackets having stalled no. P-21, Five Star Market at Khidirpur, a market, just opposite to the premises where he was staying. He was sharing the room with one Golam, who used to sell barmuda/shorts on the footpath of Chowringhee. The said room was also used by Shamim Ahmed, father of Wasim, as a paint shop.

(2.) It was early in the morning of November 19, 2001, both Wasim and Golam were sleeping in their room. At about 7.40 a.m., Golam heard the knock of the door from outside. The person from outside called by the name of Wasim by saying that his brother Farhad from Lucknow sent them for taking delivery of the goods. Hearing this, Wasim opened the door and welcomed them inside the room. The four appellants namely, Md. Akram, Md. Aslam, Sone Ali Khan and Khaled Mullick being aged about 20 to 30 years wearing trousers and shirts entered into the room. Wasim made them seated. They were speaking in Hindi. They disclosed their identity as C.B.I. Personnel and asked Wasim to disclose the gold biscuits, which he kept inside the room. Two of the four appellants put their respective revolvers on the head of Wasim and Golam. Other two started searching. They brought out Rs. 5,000/- in denomination of five hundred rupee notes and Rs. 30,000/- in denomination of one hundred rupee notes from a tin box and card board box and kept the money inside their pockets. Both of them (Wasim and Golam) could not raise any alarm out of fear. They threatened both of them and cautioned them not to raise any hue and cry. When they were about to leave, Wasim suddenly raised alarm. One of them after hearing the said hue and cry, shoot Wasim, Wasim died on the spot and all of them fled away. Wasim was lying died in the pool of blood in the room.

(3.) The police came and asked about the incident in detail from Golam. Golam made a written complaint, which was treated as F.I.R. The police started investigation. On December 10, 2001 P.W. 20 took over charge of investigation. As per his deposition, based on source information he arrested Aslam at about 9.45 p.m. on an unspecified date from Mominpur Road and Mayurbhanj Road crossing. On the next day he was forwarded to Court. During investigation Aslam disclosed the names of the other accused. On December 21, 2001 Akram, Sone Ali and Khalid were arrested from Sudhir Bose Road and Diamond Harbour Road crossing with two country made single shoter recovered, one from Akram with live cartridge and other from Sone Ali with loaded one round live cartridge and three' extra round live cartridges. On December 23, 2001, P.W. 20 recovered Rs. 5,000/- from the place identified by Aslam. The accused no. 5 Tabrej was absconding. He was ultimately arrested in April 2002. Golam the only eye-witness identified all the four accused. The fifth one Tabrej was in fact waiting outside at the time of occurrence. P.W. 4 and 5 being the house owner and his relation were post occurrence witnesses.