ALIL MOLLA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The two appellants impugn before us a conviction under Sections 302/34 of the Indian Penal Code and sentence of imprisonment for life passed by Sri D.N, Sen, Additional Sessions Judge, 10th Court, Alipore in Sessions Trial Case No. 1(11)1 84.

(2.) A First Information Report was lodged at Bhangore Police Station at 8.30 p.m. on 4th February 1982 by one Din Mohammad, the Manager of a brick field owned by the deceased Elem Bux Molla situated at Dhib Dhipa to the effect that on that day the deceased Elem Bux Molla came to the brick field as usual around 8 a.m. Supervised the work during the day and in the afternoon at about 5.30 p.m. he proceeded towards Dhib Dhipa Bazar from his brick field to take tea and snacks. 5/10 minutes after he had left, the first informant heard the sound of three gun shots from Dhib Dhipa Bazar. He rushed to the place of occurrence which was on the Harwa Lauhati Road running east-west to the north of the brick field. He then heard the sound Inquilab Zindahad Lal Salam etc. He also found 5/6 persons running away along the kucha road towards north. Proceeding further he found his master Elem Bux Molla lying on the road in a pool of blood. He also found one sharp cutting injury on his neck. One Altu Molla, son of Nazibar Ali Molla was following his master from some distance. The said Altu Molla fled away out of fright. The police started investigation, visited the place of occurrence and held inquest over the dead body. Police seized two fired cartridges and one live cartridge under a seizure list. In the First Information Report however the appellants were not named. The assailants were described as unknown persons. The dead body was sent for post mortem examination on the day following. Post mortem was held by P.W.10 Dr. M.K. Maitra who found two gun shot injuries on the person of the deceased, one of an entry measuring 4 x 3 oval shaped placed over the upper most part of the right chest 11/2 to the right of midline 4 above the level of the right heel and one exit wound on the right side of the back 11/2 x 1, situated 2 to the right medial of the back. The first gun shot injury was placed into the 5th inter costal space of the back of the left chest 11/2 left to the midline. He also found one transverse gaping incised wound measuring 21/2 x 1 situated in front and a little more on the left side of the lower part of the neck below the ponam adamin. According to the post mortem doctor, death was due to the effects of these injuries which were ante mortem and homicidal in nature. Police on completion of investigation issued charge sheet against the two appellants under Sections 302/34 I.P.C. and they were ultimately placed for trial before the Additional Sessions Judge as aforesaid.

(3.) In the trial 14 witnesses were examined on behalf of the prosecution and none on behalf of the defence.