- (1.) These appeals are filed by the State as well as the complainant against the judgment of the High Court which has acquitted respondent Nos. 3 to 8 herein in FIR No. 52/94 dated 31.5.94 which was lodged against them under Sections 148, 302 and 34 of the Indian Penal Code (IPC) with the allegations of committing murder of one Ahamadullah (hereinafter referred to as the 'deceased').
(2.) The case of the prosecution, in brief, is that on 31.05.1994, at about 1 p.m., while the complainant (mother of the deceased) was going to bath in the nearby pond outside the village, where her son (the deceased) had also gone to take his bath, she found that her son was surrounded by all the accused persons. Of those persons, Emadadul and Kawser had "hensua" in their hands while the other five accused persons had sticks with them. All the accused persons were present near the water on the southern side of the pond. According to the said FIR, Emadadul and Kawser were striking the deceased with the"hensua" and Baharul and Evnasud held the victim. Witnessing the aforesaid incident, the complainant started shouting for help and on hearing her cry, the witnesses, viz., Chanda Tudu, Anil Murmu, Riajuddin, Abdul Bari and many other persons of the village came to the spot. When the"shouts increased" , the accused persons ran away through the northern bank of the pond, after throwing the dead body of Ahamadullah in the pond.
(3.) On the basis of the aforesaid FIR, the accused were charged under Sections 302/34 and 148 of the IPC. The accused pleaded innocence.;