JARAHIM SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant Jarahim Sk. in CRA No. 186 of 2002 and the appellants Loknath Mondal and Badruddin Sheikh in CRA No. 192 of 2002 assail the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Rampurhat of the district of Birbhum in Sessions Trial No. 3(12) of 1996 arising out of Sessions Case No. 11 of 1992 under section 302/347/384 of the IPC.

(2.) The appellant Jarahim Sk. was sentenced to suffer imprisonment for life with a fine of Rs. 5,000/- with default stipulation under section 302 IPC, rigorous imprisonment for two years with a fine of Rs. 1.000/- with the default stipulation on account of the offence under section 347 IPC, and rigorous imprisonment for two years on account of the charge under section 384 of the IPC. The appellants Md. Badruddin and Loknath Mondal were sentenced to suffer rigorous imprisonment for two years with a fine of Rs. 1,000/- with default stipulation on account of the charge under section 347 of the IPC and rigorous imprisonment for two years each on account of the charge under section 384 of the IPC.

(3.) P.W.10 Ala Mala Ranga Rao, a driver of the truck No. ABK-9239 with his assistant Halabul Rahaman was proceeding by the said truck from Bagdogra to Andhra Pradesh on 3.7.1988 and when they reached near Telda Bridge under Rampurhat P. S. a police party consisting of three police personnel being armed with guns stopped the truck and wanted bribe from Halabul Rahaman and had a hot exchange of words with him. One of the police personnel came in front of the truck and fired against Halabul Rahaman without any provocation, which pierced into his head through the front window screen of the vehicle and Halabul fell down inside the truck. P.W.10 left the truck out of fear and chanced to meet P.W.I Kamru Arjun Rao, another truck driver of Andhra Pradesh at a little distance and informed him of the incident and then returned back to the Telda Bridge and then proceeded with the vehicle to get the injured Halabul Rahaman admitted in the hospital who on the way near Hira hotel died.