MOTIA RAHAMAN DEWAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction dated 25th May 2009 and sentence dated 26th May 2009 passed by the Learned Additional Sessions Judge, 2nd Fast Track Court, Chandannagar, Hooghly in Sessions Trial No. 11/08: Sessions Case No. 102/08, thereby sentencing each of the 12 accused/appellants to suffer imprisonment for life and to pay a fine of Rs. 5000/- and in default, to suffer imprisonment for 6 months more for the offence punishable under Section 302 read with Section 149 of the Penal Code and to suffer rigorous imprisonment for 3 years and to pay a fine of Rs. 1000/-, in default to suffer simple imprisonment for 2 months more for the offences under Sections 147 and 148 of the Penal Code and to suffer rigorous imprisonment for 3 years and to pay a fine of Rs. 1000/-, in default to suffer simple imprisonment for 2 months more for the offence punishable under Section 324 read with Section 149 of the Penal Code. Although the case was started against 13 accused, the trial took place and the conviction and sentence were delivered only in respect of 12 accused as one of the accused Sk. Isrile had passed away.

(2.) On 21st December, 2006 at about 17:25 hours, PW 2 lodged a First Information with the Officer-in-Charge, Haripal Police Station that on 21st December 2006 at about 17:00 hours, the appellants and another, being led by the appellant no. 1 and armed with weapons formed an unlawful assembly and attacked the victim due to some previous grudge. The appellant Mantu Rahaman and Khakan Rahaman stabbed the victim with their knives on back side of the ribs. As a result, the victim fell down and died on the spot. When the informant and the victim's second brother's wife Rajia (PW3) came running to save the victim, the accused Khakan Rahaman stabbed the informant with the intention to murder him. The de facto complainant sustained a bleeding wound on his left side rib. The sweater on his body saved him. The accused Salim Rahaman pressed his private parts. Rajia Begam tried to restrain the assailants and sustained bleeding cut injuries on the fingers of both her hands from the knife of accused Mantu Rahaman and other arms that the accused had. Out of fear the local persons present there did not come to help. The de facto complainant further alleged that on 19th December 2006 sand was mixed in the meat of one Muzaffar and an altercation took place with one Asraf. The victim lodged a diary at the police station and an altercation took place over the incident and the accused Mantu Rahaman beat up the victim. The victim was attacked and murdered over that earlier incident.

(3.) Investigation commenced. PW 24 held the inquest over the dead body of the victim on 21st December 2006 at about 21:05 hours in the presence of witnesses PWs 7, 9, 10 and 18. The dead body was found lying in front of the 'Arat' of the victim. A deep wound measuring about 1 inch was seen on the right side of the spinal cord in the middle of the back of the victim. No other wound or injury could be found from outside. On interrogation, the witnesses told that the appellant no. 1 led 12/13 assailants armed with deadly weapons and attacked the victim due to some previous grudge and murdered him. The accused Mantu Rahaman and Khakan Rahaman stabbed the victim with knives on the back side of his body. PW 21 conducted the post mortem examination over the dead body on 22nd December 2016 at about 13:00 hours. He found two stab injuries on the back of the victim and a bruise on his chest. He opined that the death had taken place with 48 hours of the autopsy and the immediate cause of death was shock due to haemorrhage from multiple stab injuries, which were ante mortem and homicidal in nature. After completion of investigation the Investigating Officer filed a charge-sheet. On 9th July 2008 charges were framed against the present appellants under Sections 147, 148, 302 read with Section 149 of the Penal Code and separately against the accused Mantu Rahaman and Khakan Rahaman under Sections 307 and 302 of the Penal Code and separately against the accused Mantu Rahaman under Section 326 of the Penal Code. As the appellants pleaded not guilty, the trial started.