MEETING SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgement and order of conviction passed by the learned Assistant Sessions Judge, Rampurhat, Birbhum in Sessions Case No. 58 of 1999 thereby sentencing the appellants to suffer R.I. for 8 years and to pay a fine of Rs.2000/- each in default further R.I. for 3 months each for the offence under section 307/34 of the Indian Penal Code (in short IPC), to suffer R.I. for 7 years each and to pay fine of Rs.1000/- each, in default, to suffer further R.I. for 1 months each for the offence under section 326/34 of the IPC and further sentence of R.I. for 8 years each and to pay a fine of Rs. 2000/- each, in default to suffer further R.I. for 3 months each for the offence under section 458 of IPC.

(2.) The prosecution case, in short, is that at about 2 a.m. night intervening between 25.4.95 and 26.4.95 three unknown persons entered into the house of informant Kajem Hossain (P.W.1) and they called his father by name and hurled a bomb which struck on the left hand of his father Najibur Rahaman (P.W.3) as a result of which his father got serious injury on his left hand as well as on nose and left eye. His father fell down on the co rtyard and he and other inmates who were daughters-in-law of P.W.3 came out of their rooms and raised alarm as a result of which the miscreants fled away. While the miscreants were fleeing away P.W.1 Kajem Hossain could recognise two out of three miscreants in torch light which he had in his hand and the said miscreants were Meeting Sk, son of Matai Sk. and Moslem Sk, son of Riasat Sk. of village Kharasinpur. The miscreants who had entered into their house could not take away anything from their house. His father was taken to Rampurhat Sub-Divisional Hospital and from there he was shifted to Burdwan Medical College and Hospital for treatment and after admitting father into Burdwan Hospital P.W. 1 returned to village and lodged the written complaint/FIR (Exit.l) on 27.4.95 explaining the delay in lodging FIR in that manner. On the basis of such complaint/FIR Mayureshwar P.S. Case No. 39/95 dated 27.4.95 under section 460 of the IPC read with section 9(b)(ii) of the Indian Explosives Act (in short I.E. Act) was started against accused Meeting Sk. and Moslem Sk. (the present appellants). After completing investigation the Investigating Officer (in short I.O.) submitted chargesheet against the appellants Moslem Sk. and Meeting Sk. under section 458/326/ 307/34 of IPC and under section 9(b)(ii) of the I.E. Act. The trial that followed ended in conviction and the sentence of the appellants as mentioned above.

(3.) In this case, the prosecution examined 13 witnesses in all in order to prove its case namely, P.W.1 Kajem Hossain (informant), P.W.2 Biswanath Hazra, P.W.3 Najibur Rahaman (injured), P.W.4 Emdad Hossain (another son of injured), P.W.5 Soharab Ali, P.W.6 Yasmenna Begam (daughter-in- law of injured), P.W.7 Tajel Ali, P.W.8 Furkan Ali, P.W.9 Dr. Sudhangsu Sekhar Patra, P.W.10 Dr. Sajal Roy, P.W.ll Sudhir Kumar Kundu (I.O.), P.W.12 Falguni Majhi (first I.O.) and P.W.13 Dr. Madan Mohan Roy.