BABAR ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against a judgment and order dated 11th November 2003 by which the eight accused persons were convicted of an offence punishable under Sections 148/149/302 of the Indian Penal Code by the learned Additional Sessions Judge, Birbhum at Rampurhut and by an order dated 12th November 2003 all the aforesaid convicts were sentenced to rigorous imprisonment for life with a fine of Rs.5000/-, in default of payment to undergo further rigorous imprisonment for one year for the offence punishable under Sections 149/302 of the Indian Penal Code. They were also sentenced to undergo two years rigorous imprisonment under Section 148 IPC. Both the sentences were however directed to run concurrently.

(2.) THE facts and circumstances of the case briefly stated are that on 5th April 1991 at about 4 P.M. Khabir Ali riding his bicycle was returning home. He was waylaid by the accused persons and severely beaten by deadly weapon like hesua. He was rushed to the Murarai hospital. He did not however survive and died at about 10.10 P.M.

(3.) THEREAFTER Moijuddin escaped and he stood nearby. THEREAFTER accd. persons vis., Bunu, Dudgha, Danesh, Ahamuddin, Sahamuddin and other accd. Persons who are present in dock today caught hold of Khabir Ali and took him to the courtyard of Bunu. THEREAFTER all the accd. Persons assaulted Khabir Ali on different parts of his body. Khabir Ali shouted and thereafter he was silent. Then Harejunessa, the wife of Khabir Ali came to the courtyard of Bunu and requested the accd. Persons to let her husband go. THEREAFTER, I came to my house."