ABUL BASHAR CHOWKIDAR Vs. ABDUL MANNAN @ KHADEMUL ISLAM

JUDGEMENT

(1.) This criminal petition for leave to appeal is directed against the judgement and order dated 18.08.2004 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 9556 of 2004 discharging the Rule.

(2.) The facts relevant for disposal of the case are that on 20.2.2001 the petitioner as informant lodged a First Information Report (FIR) with the Chakaria Police Station against six accused persons namely Abdul Mannan, Abdul Hamid, Baharuddin, Buri Begum, Abdul Quader and Saber Ahmed alleging, inter-alia, that he had land dispute with the accused persons, who on 20.2.2001 at 1:00 p.m. being armed with dao, spade, iron rod, lathi etc. forming an unlawful assembly began to cut earth from his homestead land and spread the same on their own land contiguous to his homestead. The wife of the informant Ayatun Nahar protested. Then the accused persons attacked her. Accused Abdul Mannan gave a spade blow causing grievous bleeding injury on her left arm and she fell down. Other accused persons also assaulted her. They also outraged her modesty and took away a gold necklace from her neck. His (informants) six year old daughter, Ripa Mani Akter came forward to rescue her mother when accused Abdul Mannan struck on her head with the back of a spade causing fracture of her head and her brain came out. Other accused persons also beat her. She died instantaneously. Hearing hue and cry the witnesses, namely Amiruddin Master, Enam, Abul Kalam, Hasan and Md. Nurul Islam came forward. Then the accused persons fled away. The informant upon receiving the information returned home and heard the occurrence from his wife and other witnesses.

(3.) Accordingly Chakaria Police Station Case No. 21 dated 20.1.2001 under sections 143/447/323/354/379/302/ 34 of the Penal Code against six accused persons was recorded.