KARIM BOX LASKAR AND ORS Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction dated 23.8.95 and sentence dated 24.8.95 passed by the learned Additional District & Sessions Judge, 9th Court at Alipore in S. T. Case No. 4(2) of 1994 arising out of B. G. R. case No. 5031 of 1985 (Joynagar P. S. Case No. 15 dt. 21.10.1985). By the said judgment, the learned Additional Sessions Judge found the accused Karim Box Laskar, Moresalim Molla, Gani Laskar and Abdul Aziz Laskar guilty under Section 302 read with Section 34 of the Indian Penal Code and sentenced each of them to imprisonment for life and also to pay fine of Rs. 1000/- each, in default, to suffer R. I. for six months. The learned Addl. Sessions Judge, however, found Chattar Ali Laskar and Rajjak Laskar not guilty to the charge and they were acquitted. All the four convicted persons filed this appeal.

(2.) The prosecution case in brief is that on receiving an information S. I. Pabitra Kumar Dutta Chowdhury of Jaoynagar Police Station reached the Padmarhat P. H. C. when one Md. Abul Hossen Molla submitted a written complaint (Ext. 1) and it was sent to the Joynagar P. S. for starting a case. Accordingly, Joynagar P. S. Case No. 15 dated 21.10.1985 was recorded at 01.25 hours. In the written complaint, it was indicated that the defecto-complainant Abul Hossen Molla at about 7.30 p. m. on 20.10.1985 found the victim Eshar Ali Molla who was his uncle's son, after taking tea at Morriswar more was returning towards his residence at village Kamaria. The defecto-complainant was following him and noticed that when the victim came near the house of Moresalim Molla, the step brother of the victim Arshed Ali Molla, Moresalim Molla, Karim Box Laskar, Chattar Ali Laskar, Gani Laskar, Abdul Aziz Laskar, Rajjak Laskar and Subid Ali Laskar armed with deadly weapons were there and from amongst those persons, Rajjak Ali Laskar and Moresalim Ali Molla caught hold the victim and Arshed Ali Molla by means of a Dao and Karim Box Molla by means of a dagger started assaulting the victim on his head, neck and face. Abdul Aziz Laskar and Gani Laskar with the help of heso also assaulted the victim. The victim with bleeding injuries fell on the road and started groaning. As the defecto- complainant raised alarm, Subid Ali Laskar and Chattar Ali Laskar on the point of pipe gun in their hands started to chase him for which he fled away. After sometime, when many people from the village came to the spot being attracted by his alarm, the defecto-complainant reappeared at the spot and noticed that the miscreants had left the place before arrival of the villagers. Then with the help of the villagers Kahar Ali Molla (P. W. 11), Samsed Ali Molla, Serali Molla and Akbar Ali Molla removed the victim to the Padmarhat hospital by the rickshaw van of Nur Islam Naskar (P. W. 6). The attending Physician of the Padmarhat hospital noticing the serious injuries of the patient advised removal to Bangur Hospital and accordingly, the victim was so removed. It was also disclosed in the written complaint that the victim had dispute with his step brother Arshed Ali Molla for a long period on property affairs.

(3.) At Bangur Hospital, the victim was admitted at 01.40 hours and he succumbed to his injuries at 02.45 hours. Since the hospital is situated within the jurisdiction of Jadavpur Police Station, the information was given to that police station for which Jadavpur U. D. Case No. 262/85 dt. 21.10.85 was started. Inquest was made on the dead body and thereafter the dead body was sent for postmortem examination and actually postmortem examination was done on 24.10.85. Meanwhile, in course of investigation of Joynagar P. S. Case No. 15 dt. 21.10.85, the Investigating Officer (P. W. 22) visited the place of occurrence and prepared a sketch map, seized blood stained earth, four teeth and a bunch of hair from the spot on the basis of a seizure list (Ext. 2) in presence of Santosh Naskar (P. W. 5) and Goram Mustafa Molla (P. W. 12). On 11.1.85 the F. I. R. was placed before the concerned S. D. J. M. with a prayer for adding Section 302 of I. P. C. and the said prayer was allowed on that day. On completion of investigation, a charge sheet dated 5.2.88 was filed in Court on 9.8.88 and thereafter the case was committed to the Court of Session on 31.3.93. Meanwhile the accused persons named in the F. I. R. surrendered before the Court and were taken into custody and subsequently they were enlarged on bail. The accused Arshed Ali Molla died and accordingly the case against him was filed on 29.3.93 by the learned S. D. J. M.