MD SEKENDAR ALI MONDAL Vs. STATE OF WEST BENGAL

LAWS(CAL)-2010-8-117

HIGH COURT OF CALCUTTA

Decided on August 23,2010

SEKENDAR ALI MONDAL Appellant

VERSUS

STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.) FACTS: On May 3, 2000 at about 8.00 p.m. one Alera Bibi aged about thirty years wife of Akbar Ali Molla of village Sahabajpur under Kumarganj Police Station of Dakshin Dinajpur made a verbal complaint to the police which was reduced to writing and duly attested by Alera Bibi by putting her Left Thumb Impression. According to Alera, at about 3.00 O'clock in the afternoon on the said day his brother in-law Usuf Ali Molla and her husband Akbar Ali Molla were going to the paddy field in order to harvest. While they were proceeding to the paddy field their cousins namely Abed Ali Molla and Ahed Ali Molla restrained both of them. Sekendar Ali Mondal hurt Usuf in different places like neck, chest and other places with a knife in his hand. Abed and Ahed also hurt Usuf with a sharp knife and dagger. When Akbar tried to resist them Sekendar also hurt Akbar with a knife in his hand. On hearing hue and cry their elder brother Irfan came out of the house. Sekendar also attacked him with a knife. During attack Jainar Bibi instigated the accused. Akbar was present at the spot and she was following her husband and brother in-law. Usuf died on the spot. Akbar and Ichhaque were taken to the hospital by the villagers. Abdur Rahaman Mondal, Abdus Samad Mondal, Hazi Mohammad Moslemuddin Mondal witnessed the incident.
(2.) INQUEST: Shri Gobinda Barman, the Sub-inspector of the Police made the inquest that would appear from page 4 of the paper book. He also recorded that in preliminary investigation he had come to know that Sekendar had committed the crime. He also recorded that the two groups had a history of animosity on the issue of sale of a pond. The post mortem doctor opined that the death was caused due to haemorrhage caused by the multiple injuries, anti mortem and homicidal in nature.
(3.) CHARGE: The learned Additional District and Sessions Judge, Fast Track Court, Dakshin Dinajpur framed charges as against Sekender Ali Mondal, Jaynab Bibi, Abed Ali Molla and Ahed Ali Molla inter alia for committing offence under Section 302 and 307 read with Section 34 of the Indian Penal Code.;

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