DABLU SHEIKH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This criminal appeal is directed against the order of conviction and sentence passed by the Additional Session Judge in Session Trial No. 1(10) of 1990, wherein the learned Court below did not convict Dana Sk. and Najir Hossain as they were found not guilty. But the learned Trial Court found Dablu Sk. and Anarul guilty of an offence committed under Sections 302/34 of the Indian Penal Code. Both Dablu and Anarul were accordingly, convicted under Sections 302/34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life which gave rise to the initiation of the instant appeal for reversal of the order of conviction and sentence.

(2.) Put it briefly, the case of the prosecution is that on 21-11-83 at about 7-30 a.m. Moinul, since deceased, was attacked by the accused persons on way home, who suffered a number of assaults of which Salam, Dablu and Anarul were the authors, who employed Jhabas to do away with him. Islam a poor Rickshaw paddler came to rescue who was not spared by Salim. In consequence of the injuries suffered by him as inflicted by Jhaba, the index finger of his right hand chopped off, Harunal Rasid, a witness to the occurrence immediately rushed in. The loud cry of his drew some persons of the village who immediately poured in amongst which Saratulla Sk., the informant was one. Ajimuddin and others removed Moinul and Islam to the Beldanga PSC, where Moinul breathed his last on way to hospital. But Islam was referred to Baharampur Hospital from the PSC for his treatment.

(3.) An information was laid at the PS Beldanga when the law was immediately set into motion. In accordance with the information, the investigating agency recorded statements of the witnesses, held inquest of Moinul followed by autopsy conducted by the surgeon.