MONIRUDDIN AHAMMED ALIAS LALU DEALER Vs. STATE

JUDGEMENT

(1.) The criminal appeal being C. R. A. No.339 of 2002 preferred by the appellant Lalu Dealer has been heard along with the Criminal Appeal No.354 of 2002 preferred by Tintu Sekh and others against the conviction and sentence passed by the Additional Sessions Judge in connection with Sessions Trial No.5 of December, 2000.

(2.) The incident of murder had taken place more than two decades back. The prosecution case, as narrated in the FIR and unfurled during the course of the trial, was to the effect that on 21/10/82 round about 1 p.m. the appellants and few others armed with deadly weapons like spears, axes, bombs etc. launched an attack on the informant and his associates. Finding their lives at stake, the witnesses scampered through the fields. While chasing the witnesses, the miscreants namely Lalu Dealer and Salim threw bombs at regular interval. A bomb hurled by them struck a person called Tulu. As he fell into the ground, he was encircled by six persons. Finding the injured in helpless condition, the appellant Lalu struck him with a spear. Another accused called Rausan also struck him with deadly weapon. Seeing some residents of the locality crowding around, the miscreants stopped chasing the other witnesses. The informant and the other witnesses saved their lives, hiding in the paddy fields. With the injured succumbing to his injury, the matter was reported to the local police station.

(3.) A specific case of murder was instituted by Bharatpur Police Station on receipt of the FIR. Having conducted the inquest over the deadbody, the Investigating Officer sent the deadbody to the hospital for post-mortem examination. He also prepared a sketch map with index. Some of the incriminating articles found at the spot were also seized. Those were also sent for chemical examination. Meanwhile, the available witnesses were examined by the Investigating Officer. Finally, on examination of all available witnesses and collection of the post-mortem report, injury report and analyst's report, the chargesheet was submitted.