AMANAT SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated August 25, 1986 passed by the learned Additional Sessions Judge, 2nd Court, Burdwan convicting and sentencing the eleven appellants under sections 148 and 302 read with section 149 of the Indian Penal Code. The case for the prosecution, briefly stated, was as under.

(2.) On 4th of Falgoon 1388 B.S. corresponding to February 16, 1982 some residents of village Ajaharnagar including Hukum Sikdar (the deceased) were thrashing paddy, which belonged to the village mosque and was lying in the khamar of one Rahu Bibi. Rahu Bibi came there and demanded 10 kgs. of paddy and 2 pans of straw. On their refusal to comply with her demands Rahu Bibi asked them to remove the paddy from her khamar. Those villagers then removed the paddy to the nearby public pathway for thrashing. Rahu Bibi then started using abusive language against the Imam of the mosque to which Hukum Sikdar protested. Rahu Bibi then left the place to call her men. Some time after the appellant Niyamat Sk. (since deceased) came there armed with deadly weapons and started assaulting Hukum Sikdar and the other villagers who were thrashing the p3ddy. Being so attacked they ran away but Hukum Sikdar who was lagging behind could not. Niyamat Sk. first assaulted Hukum Sikdar with a ramdao and thereafter all the appellants started assaulting him. On being so assaulted when Hukum Sikdar fell down the appellants and Niyamat Sk. left the place. Hukum Sikdar was taken to Monteswar Primary Health Centre for treatment and from there to Burdwan Hospital where he succumbed to his injuries on the following night.

(3.) After removing Hukum Sikdar to Monteswar Health Centre, Bhadat Sikdar, one of brothers, went to Monteswar Police Station and lodged an information about the incident. On that information a case was registered and on completion of investigation police submitted charge sheet against the eleven appellants and Niyamat Sk.