GOLFUL SEIKH Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
STATE OF WEST BENGAL
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ARIJIT BANERJEE,J. -
(1.) This is an appeal against the judgment and order of conviction dated 13.11.2000 passed by the learned Assistant Sessions Judge,
Rampurhat, Birbhum in Sessions Trial No. 4 (April)/2000 arising out of
Sessions Case No. 81 of 1993. The case was initiated against four
accused persons namely, Sisful Sheikh, Golful Sheikh, Samad Sheikh and
Abdul Aziz alias Baber. They were charged for allegedly committing
offence under Section 326 read with Section 34 of the Indian Penal
Code, 1860 (in short, "IPC"). During the trial Sisful died. The learned
Trial Judge found the other three accused persons (who are the
appellants herein) guilty and sentenced them to suffer rigorous
imprisonment for 8 years and to pay a fine of Rs. 1000/-, in default, to
suffer further simple imprisonment for six months.
(2.) Now let us advert to the facts of the case as would appear from the records. Ketabul Sheikh, the de facto complainant, lodged written
complaint before the O.C., Murari Police Station on 14 July, 1992. The
complaint is to the effect that on 14.07.1992 Ketabul's brother Sejabul
Sheikh (the victim) was returning from Mitrapur bus stand to his house
after a shave. Behind the house of one Joy Mukherjee there was a
narrow lane and a truck was unloading goods there. By the side of the
truck, the accused persons, who were armed with dagger and pipe gun
attacked the victim. Sisful shot the victim with a pipe gun. Golful and
Samad had daggers with them. As a result of the attack the victim
sustained severe injury. He lost vision in his right eye and had to remain
admitted in hospital for nearly 40 days.
(3.) On the basis of the complaint charge was framed against the accused persons under Section 326 read with Section 34 of the IPC. The
accused persons pleaded 'not guilty' and claimed to be tried.
Accordingly, the trial commenced.;
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