- (1.) These five appellants, one of whom has already died during the pendency of this appeal have been convicted under Sections 302/149 Indian Penal Code for having killed one person and they have also been convicted under sections 307/149 [pc for 'having injured pw 6 and Public Witness 7 by firing at them indiscriminately.
(2.) Mr. Sanyal, learned Senior Counsel appearing for the appellants states that Appellant i is dead and in support of the said submissions files an affidavit of the lawyer who was appearing for Appellant 1 in the courts below. The said affidavit be placed on record. The appeal stands abated in respect of Appellant 1.
(3.) The case in a nutshell is that on 6/3/1976, in the early hours of morning while the prosecution party were present on the field, these accused persons armed with guns and rifles arrived at the scene of occurrence and started indiscriminate firing at the members present on the land and as a result of such firing, one person died and two others were injured. It transpires that the accused persons claimed to be the landlord of the land in question whereas members of the prosecution party were claiming to be bataidars over the land and that on account of tension and law and order problem, an Executive magistrate was posted there with a police force. Learned Sessions Judge as well as the High court on appreciating the evidence of the two injured eyewitnesses Public witness 6 and Public witness 7 as well as Public witness 8 who had lodged the FIR accepted their testimony and convicted the appellants of the offence as already stated.;