JOHAD SHEIKH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgement and order dated 16.05.1984 passed under Sessions Case No. 110 of 1983 (Sessions Trial

(2.) No . 1 of March, 1984) convicting the appellant no. 1 for commission of offence punishable under Section 9 -B(2) of the Explosive Substance Act and under Sections 304A and 338 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for three years and to pay a fine of Rs,2,000/ - in default, to suffer imprisonment for six months for the offence punishable under Section 9 -B(2) of the Explosive Substance Act and sentencing him to suffer rigorous imprisonment for two years and to pay a fine of Rs.1,000/ - in default, to suffer imprisonment for three months for the offence punishable under Sections 304A and 338 of the Indian Penal Code, all the sentences to run concurrently. By the self -same judgement and order appellants no. 2 and

(3.) Were convicted for commission of offence punishable under Section 323 of the Indian Penal Code and sentenced them to suffer rigorous imprisonment for six months and to pay a fine of Rs.500/ - each in default, to suffer imprisonment for two months each. Prosecution case, as alleged, against the appellants is to the effect that on 21.06.1981 around 7a.m. at village Gour Bazar, P.S. Mayureswar, a quarrel took place over one Robai alias Helauddin cutting bamboo from a disputed bamboo grove. Following that quarrel thirteen accused persons including the appellants came in front of Robai's house being variously armed with lathis, bombs etc. and started hurling abuses. Other villagers including the defacto complainant Abdul Gani, (P.W. 1), intervened and the accused persons left the place. Sometime later, around 8 to 8.30a.m., on that day, the said thirteen accused persons again assembled in front of Robai's house, being variously armed with lathis and bombs. One of them, Mozam hurled a bomb that struck the wall of a cowshed belonging to Lokman Sheikh, father of the defacto complainant and exploded. Thereafter appellant no. 1, Johad threw a bomb at the face of Abdul Latif who was standing nearby. Abdul Latif was seriously injured and he had to be removed and admitted in a hospital but he succumbed to his injuries on that day. After hitting Abdul Latif, Johad also hurled another bomb at Robai's back. The bomb struck Robai and he fell down in a drain by the roadside. Other accused persons hitted Robai with the lathis. Mujkura Bibi (P.W. 4) came up to rescue her son but she was struck by lathi by appellant no. 2, Hossain Sheikh. P.W. 5, Joynal Sk., was struck by lathi by appellant no. 3, Karim Sheikh. Robai was also examined and treated by doctor at Mollarpur Primary Health Centre. On the basis of written complaint lodged by Abdul Gani, P.W. 1, being Mayureswar Police Station Case No. 22/145 dated 21.06.1981 under Section 148/149/326/307 of the Indian Penal Code and under Section 6(3) of the Indian Explosive Act was registered against the appellants and the other accused persons. In conclusion of investigation, charge -sheet was filed against the appellants and other accused persons and the case being a sessions triable one was committed to the Court of Sessions, Birbhum and transferred the case to the Court of learned Additional Sessions Judge, Rampurhat, Birbhum for trial and disposal. Charges were framed against the appellants and other accused persons under Section 147 of the Indian Penal Code. The appellant no. 1 was also charged under Section 302 of the Indian Penal Code for committing the murder of Abdul Latif and under Section 307 of the Indian Penal Code for attempting to murder of Robai by hurling bomb at him and under Section 9 -B(2) of the Explosives Act and appellants no. 2 and 3 and one Imam Box were separately charged under Section 324 of the Indian Penal Code and the co -accused Mozam was separately charged under Section 9 -B(2) of the Explosive Act. The appellants and other accused persons pleaded not guilty and claimed to be tried. In the course of trial fourteen prosecution witnesses were examined and a number of documents were exhibited. The defence of the appellants and other accused persons was one of innocence and false implication. 3. In conclusion of trial, the trial court by judgement and order dated 16.05.1984 convicted the appellant no. 1 for commission of offence punishable under Section 9 -B(2) of the Explosive Substance Act and under Section 304A and 338 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for three years and to pay a fine of Rs,2,000/ -, in default, to suffer imprisonment for six months for the offence punishable under Section 9 -B(2) of the Explosive Substance Act and sentenced him to suffer rigorous imprisonment for two years and to pay a fine of Rs.1,000/ -, in default to suffer imprisonment for three months for the offence punishable under Sections 304A and 338 of the Indian Penal Code, all the sentences to run concurrently. Appellant no.