STATE OF WEST BENGAL Vs. HANNAN SK

JUDGEMENT

(1.) This Government appeal is directed against the judgment and order dated 7.4.88 passed by the learned Additional Sessions Judge, 3rd Court, Murshidabad on 7.4.88 in Sessions Trial No. 2 of October, 1988 corresponding to Sessions Case No. 67 of 1983 under Section 302 read with Sections 34 Indian Penal Code & 342/34 Indian Penal Code. By the said judgment and order, the learned Trial Judge found all the eleven accused not guilty of the charges under Section 302/149 alternatively 302/34 Indian Penal Code and under Section 342 Indian Penal Code. All of them were acquitted of the said charges under the provisions of Section 235 Cr. PC accordingly.

(2.) On June 27, 1982 at about 9 p.m. when Sukur Mondal, the informant, P.W.I was returning to his home alongwith son Jamsher Ali, since deceased, from the house of his Behai after attending a marriage invitation at Kumarpur village, they found 10/12 persons sitting on a macha in front of the house of accused Khelafat Biswas. Suddenly all of them encircled Jamsher and tied him with the ropes. Accused Hannan Sk. assaulted him on his head with a spear. Anabul struck him with a sword on his legs while Khelafat assaulted him on his arm with a spear. The rest of the accused also assaulted the victim with a lathi and other deadly weapons. The informant started shouting but he was also threatened by the accused with dire consequences. He was taken to the house of Khelafat Biswas arid was kept in tied condition till the morning.

(3.) The aforementioned incident was verbally narrated by the informant to one Bilayat Hossain, P.W. 8 who scribed the written complaint. On the basis of the said FIR, Domkol P.S. case under Section 147/148/149/342/325/326 Indian Penal Code was registered for investigation against, Barik Mondal, since deceased and six Ors. The case was endorsed to S.I., Joydeb Biswas for investigation. In course of investigation, the I.O. examined a good number of witnesses, prepared a rough sketch map with index of the P.O. On completion of investigation Barik Mondal since deceased and eleven Respondents as named above were, however, charge- sheeted under Section 302 read with Section 34 Indian Penal Code and also under Section 342/34 Indian Penal Code.