SHEIKH HABAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The accused Sk. Habal, Sk. Kalo, Sk. Aijamal and Sheikh Bodir all sons of late Sk. Golam of Budhpur within Khoirashol Police Station in the district of Birbhum were charge- sheeted by the police for offence under Section 304 read with Section 34 of Indian Penal Code on the basis of a first information report dated 11th October, 1992 lodged by Sheikh Kalu son of late Sk. Khodaband. The accused persons were however charged by the Ld. Trial Court under Section 302 read with Section 34 of Indian Penal Code and were ultimately convicted and sentenced with life imprisonment and to pay fine of Rs. 1000/-, in default to suffer rigorous imprisonment for six months by an order dated 20th December, 1995. The accused persons have now come up in appeal.

(2.) The case of the prosecution appears to be that on 11th October, 1992 at about 4 p.m. an altercation, followed by assault upon Sheikh Dilip, took place owing to grazing of cows in the paddy fields belonging to the accused persons. The deceased Sheikh Rustom, uncle of Sheikh Dilip intervened whereupon Sk. Aijamal assaulted Sk. Rustom on his head by a rod and Sk. Kalo hit Sk. Rustom with a boulder on the side of his left ear and on chest. By that time the accused Habal and Bodir had also joined the two accused persons, in the process Rustom fell down and succumbed to his injury almost instantaneously.

(3.) The case of the defence as appearing from the suggestions given to the witnesses for the prosecution as also from the answer given by Sk. Habol in his examination under Section 313 of Cr. P.C. appears to be that after the altercation over the grazing of cows in the paddy fields of the accused persons Dilip instigated his family members including Rustom whereupon the house of the accused persons was attacked and bleeding injury was inflicted upon Habol. Habol had to be admitted in the hospital at Nakrakunda. He had eight stitches on his head. A counter-case was started which was registered as PS Case No. 37 of 1992 in which a charge-sheet has been filed.