ABDUL HAI SK Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the order of conviction dated 27.8.99 and sentence imposed on 30.8.99 by the learned Additional Sessions Judge, 5th Court, Alipore, South 24-Parganas in S. T. Case No. 4(8) of 97 [S. C. Case No. 6(5) of 97] arising out of G. R. Case No, 929 of 1990. By the said judgment the learned Sessions Judge found eleven accused persons, namely, 1) Adbul Hai Sk. 2) Sk. Munnaf Ali @ Munnaf Sk, 3) Sahalam Sk, 4) Sk. Bablu @ Bablu Sk, 5) Sk. Habibur Rahaman @ Habibur Rahaman Sk. 6) Mustakin Sk, 7) Ibrahim Sk, 8) Salam Sk, 9) Sonalal Sk, 10) Abdul Rasid Sk, 11) Sarjed Sk @ Sajet Sk. guilty under section 148/149/302 of the Indian Penal Code, convicted them thereunder and sentenced each of them to suffer imprisonment and to pay a fine of Rs. 1000/- i.d. to suffer S. I. for one month under section 302 read with section 34 of IPC. They were also sentenced to suffer R. I. for three years and to pay a fine of Rs. 500/-, in default, to suffer further S. I. for six months under section 148 of IPC. It was directed that all the sentences were to run concurrently. By the said judgment, the learned Sessions Judge found the remaining six accused persons, namely, Safiuddin Sk, Asraf Ali Sk, Musaraf Molla, Alauddin Sk, Ali Hossain Sk and Illias Sk not guilty to the charges under section 148/149/302 of IPC and acquitted them.

(2.) Prosecution case in brief is that on receipt of a written complaint from one Sabeda Bewa Falta P. S. Case No. 112 dated 24.8.90 was started after filling formal FIR at 18.20 hours on that date. In the written complaint it was alleged that at about 11.30 a.m. of 24.8.90 Ramij Seikh for the purpose of joining Jummanawaz went to village pond for a bath, when the accused persons asked him to play Kabadi with them in the nearby field. Ramij Seikh, however, did not respond to their call and went to take his bath when the accused persons forcibly lifted him from the pond and tied him by rope and thereafter they started assaulting him and brought him in the field in front of Sujapur Primary School, tied him with Coconut tree. At that time it was noticed that one Salekh Molla, son-in-law of Yeasin, was tied up with another Coconut tree in the same field. All the accused persons started assaulting both of them by means of stick, rods etc. The complainant Sabeda Bewa requested the assailant to leave her son Ramiz Seikh but they did not pay any heed to such request and they also prevented her to give water to her son. So Sabeda Bewa started for the P. S. to give information but she was prevented by the miscreants and threatened that if the information was given to the P. S. they would kill her. The miscreants also went on assaulting both of the victims and as a result of which both of them became unconscious and subsequently died. On fear of assault the information was given to the P. S. at a belated stage.

(3.) Police started investigating the case, visited the place of occurrence, recovered the dead bodies after untying the rope, made inquest on the dead body, sent the dead bodies for post-mortem examination, seized articles at the locale, examined witnesses, arrested miscreants and on receipt of post-mortem examination report chargesheet was submitted on 29.10.92 against seventeen accused persons. The case was committed to the Court of Sessions on 19.3.97. Charge under section 148/149/302 IPC was framed against all the seventeen accused persons on 9.7.97. The accused persons, however, pleaded not guilty to the charge for which prosecution examined thirteen witnesses. However, no defence witness was examined and the defence case, as can be ascertained from the trend of cross-examination and the answers given while examined under section 313 of the Code of Criminal Procedure, is innocence.