ABDUL SATTAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against judgment and order dtd. 23/9/2019 passed by the learned Additional Sessions Judge, 3rd Court, Cooch Behar in Sessions Trial No. 12(4) of 2011 arising out of Sessions Case No. 46 of 2009 convicting the appellants for commission of offence punishable under Sec. 304 Part-I of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for ten years each and to pay fine of Rs.5,000.00 each, in default, to suffer simple imprisonment for three months more. By the self same judgment and order they have also been convicted along with Puspa Kanta Debnath, Nachimuddin Mia, Kasem Ali and Bikash Debnath for commission of offence punishable under Ss. 148/324 of the Indian Penal Code and to pay a fine of Rs.500.00 each, in default, to suffer simple imprisonment for one month more on such count.

(2.) Prosecution case as alleged against the appellants is as follows :- On 4/5/2005 a Gram Sansad Sabha was to be convened at Rashidanga booth. In order to prevent their opponents from attending the Sabha, a fight broke out between two political groups in front of the house of Goni Mia, appellant No. 2 herein. In course of the fight, Goni Mia, his son Samsul Hoque, Abdul Sattar, Abdul Aziz (both sons of Nachimuddin Mia) assaulted Khaibar Ali with ballam and knife. In course of the fight, Jamiruddin Mia (PW 2), Jahangir Alam (PW 3), Nurul Mia (PW 4), Ulbat Ali (PW 7), Amir Ali (PW 8) and one Akkas Ali also suffered injuries. They were medially treated at MJN Hospital, Cooch Behar. Khaibar Ali was shifted to North Bengal Medical College and Hospital where he expired on 8/5/2005.

(3.) Written complaint was lodged by PW 1 being Kotwali Police Station Case No. 124 of 2005 dtd. 4/5/2005 under Ss. 143/323/324/325/506/34 of the Indian Penal Code. After the death of Khaibar Ali, Sec. 304 IPC was added.