- (1.)This appeal by the convicted accused is directed against the judgment and order passed by the High court of Calcutta in Criminal Appeal No. 308 of 1984. The High court has confirmed the conviction of the six accused under Section 302 read with Section 149 Indian Penal Code.
(2.)All the six convicted accused had applied to this court for special leave to appeal against the judgment of the High court. This court dismissed the application of accused Jamiruddin, Hanif and Jirafat and leave was granted to the present three appellants as it was submitted that their names were not mentioned in the First Information Report.
(3.)What was alleged against the accused was that on 11/10/1980 at about 3. 00 p. m. they along with 14 other accused had assaulted and killed Babar Ali. According to the prosecution this incident was witnessed by Malin Hossain (PW1 brother of the deceased, Kalam Biswas (PW-3, Sahida Khatun (PW-4 daughter of the deceased, Nasiruddin Biswas (PW-5 son of the deceased and Firujtullah (PW-6. According to the prosecution the motive for killing Babal Ali was that accused Niamat had filed a criminal case against Babar Ali. After remaining into custody he had come out of the jail 7 days before the incident.