ABDUL SHEIKH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal arises out of ST No. III of August, 1992 (arising out of Sessions Case No. 11 of December,1991) wereby and whereunder the learned trial court convicted the present appellants under Ss. 147/148/302 read with Sec. 149 of the Indian Penal Code and thus sentenced them to suffer rigorous imprisonment for the periods as mentioned in the said impugned judgement and also for fine. The appellants felt aggrieved and thus preferred the instant revisional application.

(2.) For effective disposal of the instant appeal the facts leading to initiation of the aforesaid sessions trial is required to be discussed in a nut shell.

(3.) On 23/7/1985 one Dhananjoy Mondal of Beniakandi, P.S Karimpur came to P.S Karimpur in District Nadia and gave Ezahar that on the previous night at about 10:30 p.m, he, his three sisters, two brothers and his parents were sleeping in their home. He stated further that at about 12:30 a.m 20/25 persons entered into their house with arms like daw , hansua , stick and torch light and started calling his father and at that time they were using abusive languages. It is his further version that in the light of the said torch he could identify one Abdul Sk., Son of Ruhul Sk. @ Bhadu and Abu Samed, son of Lt. Saber Sk. of his village. He stated further that Abu Samed started assaulting his father with hansua and his mother made an attempt to protect his father. It is his further version that when he and his mother and sisters raised hue and cry, they were threatened by the said miscreants. After sometime the said miscreants left the P.O along with their two buffaloes leaving their father in injured condition. At the time of their departure the said miscreants hurled bombs. He stated further that sometimes thereafter the co-villagers came to their house and thereafter his father was shifted to Karimpur Hospital by his relatives Prasanta Biswas and Jiten Mondal and some of his co-villagers namely Fakir Sk. and Pocha Sk. It is his further version that on the way to hospital his father succumbed to his injuries.