ABU SAMAD Vs. STATE OF W B

JUDGEMENT

(1.) Abu Samad, Jillar Rahaman, Mamtaz Sk., Tamiruddin Sk. Rabid, Sk. Nasir alias Nasiruddin Sk. - the six appellants before us-were arraigned before the learned Sessions Judge, Murshidahad to answer the following charges;

(2.) On conclusion of the trial, the learned Sessions Judge convicted all the six appellants under both the charges. For their conviction under section 302/149, Indian Penal Code the appellants were sentenced each to imprisonment for life. No separate sentence was however passed for their conviction under section 148, Indian Penal Code. The appellants Beela to assail the .aid order of conviction and sentence in this appeal.

(3.) Briefly stated, the prosecution case was as under; on 16-7-83 at or about 7.00 p.m. Aftan Ali (the deceased) was returning home in village Tehatta. P.S. Hariharpara, District Murshidahad on a bi-cycle from his father-in-laws house at Mamudpur. Near Bhawanipur that he met his co-villagers Insan Sk. (P. W. 2) and Sk. Jahiruddin who were returning home on bi-cycles when they reached near the house of Mantu Hiswas at Katidaspur village the six appellants and one Latib Hiswas, since deceased, encircled Aftan, forcibly dragged him down from the bi-cycle, took him near the jack, fruit tree of Abdul Wahed and mercilessly assaulted him with lathi, iron rod, fists and, blows causing serious injuries. Insan and Jahuuddin who accompanied Aftan tried to intercept but they were also assaulted by the appellants with lathi, fists and blows and out of fear they fled away and informed Ummat Ali Mondal (P.W. 1), elder brother of Aftan of the occurrence. On receipt of the information, Ummat AU along with his two brothers Ajit Mondal (P.W. 5) and Naimuddin Mondal rushed to the place of occurrence and seeing them the appellants fled away. The three brothers then carried Aftan home. Aftan then made a dying declaration in presence of many villagers mentioning the names of the appellants as the assailants. Aftan was removed to Amtala Primary Health Centre where he was given first aid. As his condition was serious, he was transfered to Herhampore General Hospital where he succumbed to his injuries on the same night.