ASRAF BISWAS Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) Out of the aforesaid two appeals, the former one bearing CRA No.892 of 2013 is preferred by twelve (12) appellants and the later one bearing CRA No.840 of 2013 is preferred by one (1) appellant against a common judgment and order of conviction dated September 26, 2013 and sentence dated September 27, 2013, passed by the Additional District & Sessions Judge, 1st Fast Track Court, Berhampur, District -Murshidabad in Sessions Trial No.03 (09) 2007 arising out of Sessions Case No.459 of 2003 convicting all the appellants for commission of offence punishable under Section 302/34 of the Indian Penal Code, 1973, (hereinafter referred to as the I.P.C.) and sentencing them to suffer rigorous imprisonment for life as also to pay a fine of Rs.5000/ - each, in default, each to suffer simple imprisonment for further period of five months.

(2.) According to the prosecution case, on June 20, 1998, at about 18.00 hours Md. Abdulla Mondal (deceased), son of Hazi Ali Rahaman Mondal and Islam Sk (deceased), son of Khoda Baks Sk of village -Dilalpur, Police Station - Hariharpara, District -Murshidabad, were returning home from Mamudpur Haat. After crossing Durlavpur Khal they reached near the house of one of the appellants Jahiruddin Molla. The aforesaid appellant hurled a bomb towards them. As a result, both of them fell down from their cycles. Appellants Asraf Biswas, Sajomoddin Biswas, Kalam Biswas started to assault them with "henso" and "pashli". Both of the aforesaid victims sustained severe injuries on their bodies and succumbed to death at the place of occurrence. Imdadul Biswas, Fajil Sk., Jakir Sk., Sader Sk., Sahid Malikhya, Israil Sk., (appellants) Maharam Sk. and some other miscreants (all of Dilalpur) were also took part in the commission of offence. The villagers made attempt to resist them. The aforesaid assailants attacked them with deadly weapons like ballam, henso, bomb, fire arms, etc. PW 1, full brother of Md. Abdulla Mondal (deceased) as also the cousin brother of Islam Mondal (deceased) arrived at the place of occurrence after hearing the sound of a bomb blast. According to the prosecution case, PW 6 is one of the eyewitnesses of the above incident. He informed the PW 1 of the entire incident of commission of murder of the aforesaid victims.

(3.) On receipt of an information over telephone from PW 8, at 18.35 hours on that date, the Officer -in -Charge (PW 13) of Hariharpara Police Station rushed with his force to the place of occurrence at Dilalpur village under Hariharpara Police Station after making an entry in the general diary of the above police station. After reaching the place of occurrence he found there the dead bodies of the aforesaid two victims.