JAMSER ALI Vs. STATE

JUDGEMENT

(1.) This criminal appeal is preferred against the judgment and order of conviction dtd. 3/5/2001 passed by the Learned Additional Sessions Judge, Cooch Behar in Sessions Trial No. 4(4) of 2000 arising out of Sessions Case No. 111 of 1996 under Ss. 307/34 of the Indian Penal Code and sentenced the appellants for seven (7) years of rigorous imprisonment under Sec. 307 of the Indian Penal Code and also to pay a fine of Rs.500.00 in default further one (1) year of rigorous imprisonment.

(2.) The prosecution case precisely stated on 26/8/1994, Abiar Rahaman, fourth son of the de-facto complainant, Md. Dasiruddin Mia went to the land of Jagadish Ch. Kar in the morning for cultivating the same as hired labour. At about 9 a.m. Abiar Rahaman returned to his house and after breakfast he proceeded to resume his work as aforesaid. As he reached near the house of Ratneswar Singh, the accused persons namely Jamser Ali, armed with battam, Ichhamuddin, Jabed, Safiar Rahaman, Ramen and Jiten being armed with bamboo stick wrongfully restrained Abiar. Jamser Ali assaulted Abiar on his head from behind and as a result Abiar sustained bleeding injury. Thereafter, rest of the accused persons mercilessly assaulted Abiar Rahaman. At that time one Rina Sultana rushed to the spot and raised alarm. Villagers assembled and Abiar Rahaman was taken to Ghoksadanga Police Station wherefrom he was sent to Ghoksadanga P.H.C.

(3.) On the basis of the written complaint of de-facto complainant Dasiruddin Mia Ghoksadanga P.S. Case No. 36 of 1994 was instituted dtd. 26/8/1994 under Ss. 341/325 of the Indian Penal Code.