AZIZ Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal has been preferred against the judgment, order and sentence dated 12.02.1986 passed by the learned Additional Sessions Judge, 1st Court, Suri, Birbhum, in connection with the Sessions Case No. 62 of 1984 (Trial No. 2 of June of 1985) wherein the learned Court was pleased to convict the appellants and sentenced each of them for the offence under Sections 148/149/379 of the Indian Penal Code for a period of two years and sentenced the appellant Azizul for the offence under Section 307 of the Indian Penal Code for five years and pay a fine of Rs.1,000/-, i.d. to suffer R.I. for six months.

(2.) The prosecution case in brief is that at about 10.30 am on 10.12.1979 when Sk. Mortuja Ali was supervising paddy being thrashed at his farmyard which were done by the laborours being Siru Mahara and Sakim Mia, the accused persons after forming an unlawful assembly and with deadly weapons entered the farmyard with the intention of looting the paddy, bullock carts from the said farmyard. On receipt of such information Rowsan Ali came from his house with a lathi and chased the accused persons, when the accused Aziz shot an arrow which penetrated the chest of Rowsan Ali. After sustaining injury, Rowsan Ali fell down on the ground and the other accused persons assaulted him with an intention to kill him. It is also alleged that the daughter and wife of the said Rowsan Ali were also assaulted as they tried to save him. The further allegation is that the accused persons took away paddy, buffalos, cart etc. from the farmyard of Rowsan Ali and threatened some of the witnesses who went to call a doctor for the treatment of Rowsan Ali.

(3.) On the basis of the information lodged by Mortuja Ali with the Inspector-in-charge, Suri Police Station, the instant case being No. 12 dated 10.12.1979 under Sections 147/148/149/326/307 of I.P.C. was registered for investigation. Police authorities on completion of investigation submitted charge-sheet under Section 148/307 read with Section 149, Section 323 read with Section 149, Section 379 read with Section 149 of the Indian Penal Code. The case was committed to the Court of Sessions after compliance of the provision of Section 207 of the Code of Criminal Procedure and the learned Court after considering the arguments advanced on behalf of both the parties was pleased to frame charge under Section 148 IPC, 149/307 IPC, 149/323 IPC, 149/379 IPC.