HASSEM MIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is against an order of conviction and sentence dtd. 27/9/2002 passed by the Ld. Additional Sessions Judge, 4th Court, Nadia in Sessions Case no. 18 of 1996 convicting the appellants for commission of offence punishable under Sec. 324/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for two years and to pay a fine of Rs.2000.00 in default to suffer rigorous imprisonment for further period of three months each.

(2.) The criminal appeal 19 of 2003 is accordingly taken up for hearing and disposal on merits. Prosecution case against appellants is as follows:

(3.) On 19/11/1993 at about 6.35 P.M. when the complainant Golam Hossain of village Thansara under P.S. Haringhata along with his brother Musa Ali Mondal was returning home on a cycle from the Hat of Bhanderkhola, they saw the accused persons in front of the house of Abdul Hakim along with many others who had wrapped themselves with 'chaddar'. When the complainant crossed them, he heard his brother Musa Ali shouting "Babago, Mago". On lighting a torch the complainant found that all the accused persons had 'gheraoed' Musa Ali, armed with sharp cutting Hensua and on seeing the complainant they also chased him. Musa fled away but the accused persons caught and took him to the other side of 'Suknamati Khal'. Musa fell on the ground and the accused persons chopped him at random. Batul Sardar and Subal Bag of the locality collected the local people on hearing the shouting of Musa and chased the accused persons away. They then took Musa to Habra Hospital. His son Saidul Islam, brother Mahammad Ali also accompanied him Musa was seriously injured and his tongue was also cut away and he was fighting with death. The said incident was as a result of a dispute between the parties regarding some landed property.