- (1.) This appeal is directed against a judgment and order of conviction dated July 13, 2009 and sentence dated July 14, 2009 passed by the learned Additional Sessions Judge, Birbhum at Rampurhat in Sessions Trial No.4/2001 arising out of Sessions Case No.35/1997 (G.R. Case No.58/1995). By virtue of the impugned judgment the appellants were convicted for commission of offence punishable under Sections 148/149/302 of Indian Penal Code (hereinafter referred to as the I.P.C.) and 9 (b) (ii) of Indian Explosive Act and sentence for life imprisonment with fine of Rs.5,000/- each, in default, to suffer rigorous imprisonment for a further period of one month each. Other accused persons, i.e. Rahel Sk., Altab Momin, Sujan Momin, Saheb Sk., Ashis Das, Kalu @ Abdul Rouf, Mannan Hossain @ Ali, the accused nos.1, 2, 3, 4, 5, 6 and 7 were found not guilty for commission of offence under Sections 148/149/302 of I.P.C. and 9 (b) (ii) of Indian Explosive Act and they were acquitted from charge levelled against them. According to the finding of the learned Court below, Sajjad Sk (accused no.7) had been chased by the local people after commission of offence under reference and they killed him.
(2.) One Shibnandan Dutta (PW 7) went with his brother-in-law Nihar Kanti Pal @ Swapan to see whether any water of river was uplifted on the Sand ghat in the southern side of Kaitha village, District-Birbhum, when they were returning back at about 07.00 hours. Jakir Momin (PW 6), Sentu Sk and Lal Sk, the labourers were following them. When they had arrived in front of the house of one Khaleque Momin, Bulu Myea (appellant no.1), Sadekul Sk (appellant no.2), Rahel Sk, Altab Momin, Sujan Momin, Saheb Sk, Ashis Das, Kalu @ Abdul Rouf, Mannan Hossain @ Ali (accused nos.2, 3, 5, 6, 8, 9 and 10) and Sajjad Sk (since deceased) armed with chaku, knife, vojali, tarowal and other weapon surrounded the de facto complainant and his brother-in-law Nihar Kanti Pal @ Swapan (the victim). The appellant no.1 assaulted the victim on his head with the help of a sword. The other accused persons caught hold of the victim and assaulted him with chaku, knife and vojali indiscriminately. Sadekul Sk (appellant no.2) assaulted the victim on his belly with a chaku. The victim fell down on the ground and the appellant no.1 assaulted him on the left chest with a sword. The appellant no.1 threatened the de facto complainant and the aforesaid labourers with dire consequences for their attempt to resist the appellant no.1. Bulu Myea (appellant no.1), Kalu @ Abdul Rouf (accused no.9) and Ashis Das (accused no.8) fled away through the village. The rest of the accused persons were running towards the river. In the meantime, 300/400 local persons arrived at the place of occurrence upon the hearing the hue and cry. They chased the accused persons who were running towards the river. They caught hold of Sajjad Sk (accused no.7) who expired consequent upon mass assault. The other local persons were chasing Bulu Myea (appellant no.1), Ashis (accused no.8) and Kalu @ Abdul Rouf (accused no.9). After reaching the Metal Road of Fatepur More they fled away riding on three cycles. Mannan Hossain @ Ali (accused no.10) fled away after exploding two bombs.
(3.) At the time of commissioning of offence Mannan Hossain @ Ali (accused no.10) of Nalhati village and Ashis Das (accused no.8) got temporary permission for lifting sand from the above Sand ghat. Since the victim had permanent permission for lifting sand from the above Sand ghat, the accused kill the victim. At about 09.00 hours on that date Ashim Mondal (PW 14) started preparing inquest report (Exbt.-7) of the body of the victim in connection with Nalhati P.S. U/D Case No.2/95 dated February 4, 1995after reaching the place of occurrence. Following injuries were found by PW 14 on the dead body of the victim:- 1. Blood injuries caused by sharp weapon measuring about 3" length and 2" gap on the back side of the head towards right side of the deceased. 2 Wound caused by sharp weapon measuring about 2" & 1.5" length towards upper side in front of head towards right side of right eyebrow. 3. A wound mark stabbed with sharp weapon towards the below portion and back side of right ear. 4. Blood injury caused by sharp weapon measuring about 3" gap towards right upper side of the belly. 5. Blood injuries caused by 3 (three) sharp weapon towards left side & right side of the back. 6. A cut wound mark caused by sharp weapon measuring about 2" length below the thumb fingure of left hand palm. 7. A lengthy wound caused by sharp weapon just below the left side lip and on left side chin. 8. A gap wound caused by sharp weapon measuring about 3" breadth in the middle portion of the chest wherefrom blood was oozing and the lungs has been seen.;