- (1.) This appeal is directed against the final judgment and order dated 08.02.2006 passed by the High Court of Calcutta in C.R.A. Nos. 339 and 354 of 2002, in and by which the High Court confirmed the conviction of the appellants herein under Section 302 and sentenced them to undergo life imprisonment.
(2.) Case of the prosecution in brief: i) According to the prosecution, on 21.10.1982, at about 1 p.m., the appellants and few others armed with deadly weapons like spears, axes, bombs etc., launched an attack on the informant and his associates. Finding their lives at stake, the witnesses scampered through the fields. While chasing the witnesses, the miscreants viz., Lalu Dealer and Salim threw bombs at regular intervals. A bomb hurled by them struck a person called Tulu. As he fell into the ground, he was encircled by six persons. Finding the injured in helpless condition, Lalu the first appellant struck him with a spear. Another accused called Rausan also struck him with a deadly weapon. After seeing some residents of the locality crowding around, the miscreants stopped chasing the other witnesses. The informant and other witnesses saved their lives, hiding in the paddy fields. With the injured succumbing to his injury, the matter was reported to the local Police Station. ii) A case of murder was instituted by Bharatpur Police Station. After conducting inquest over the dead body, the Investigating Officer sent the dead body to the hospital for post-mortem and also prepared a sketch-map with an index. Some of the incriminating articles found at the spot were also seized and sent for chemical examination. Meanwhile, the available witnesses were examined by the Investigating Officer. Finally, on examination of all available witnesses and collection of the post-mortem report, injury report and Analyst's report, the charge-sheet was submitted. Following the commitment of the case to the Court of Sessions, charge under Sections 108 and 302/149 of IPC were framed against 42 accused persons. iii) The accused persons having pleaded innocence, the prosecution examined 16 witnesses to prove their case. iv) Relying heavily on the statements of the eye-witnesses and the post-mortem report, the trial Judge convicted 12 accused persons under Sections 148 and 302/149 IPC. They were sentenced to rigorous imprisonment for life and fine of Rs.4,000/- each, in default, rigorous imprisonment for four months for commission of offences under Section 302/149 IPC. They were also sentenced to rigorous imprisonment for two years and fine of Rs.1,000/- each, in default, rigorous imprisonment for two months for commission of offences under Section 148 of IPC. v) Aggrieved by the said judgment and order of conviction, the appellants herein and 9 others moved the High Court in C.R.A. No. 339 of 2002 and C.R.A. No. 354 of 2002. C.R.A. 339 of 2002 was preferred by Moniruddin Ahmed @ Lalu Dealer and the other C.R.A. No. 354 of 2002 was preferred by the other 9 accused and 2 of the appellants herein. The High Court, by its judgment and order dated 08.02.2006, dismissed C.R.A. No. 339 of 2002 moved by Moniruddin Ahmed @ Lalu Dealer while allowing C.R.A. No. 354 of 2002 in part moved by the other 9 accused and upheld the conviction of 2 of the appellants herein viz., Rausan Sekh and Salim Sekh. Aggrieved by the above conviction, the appellants have approached this Court by way of special leave.
(3.) Heard Mr. K.N. Balagopal, learned senior counsel appearing for the appellants and Ms. Radha Rangaswamy, learned counsel appearing for the State.;