J.N.Hore, J. - (1.) The present appeal is directed against the judgment and order dated 20/3/1983 passed by a learned Additional Sessions Judge, 24-Parganas convicting appellants Barka Md. Sultan Sultan Ahmed Khan and Ram Deo Prasad under sections 302/34, Indian Penal Code and sentencing each of them to imprisonment for life for committing murder of Banarasi Das in furtherance of their common Intention. The other accused persons were, however, acquitted of the charge under sections 302/34 of the Indian Penal Code.
(2.) Shorn of details, the prosecution case is as under: Banarasi Das deceased was the General Secretary of the West Bengal Tannery Majdur Union. There was a dispute over Puja bonus between the tannery workers and the management and ultimately the dispute was settled amicably at the intervention of the Deputy Labor Commissioner, West Bengal. It was settled, inter alias, that those workers who would come within the purview of the Bonus Act, would get bonus at the rate of 8.33 % and those who would not be governed by the said Act, would get fixed bonus at the rate of Rs. 30/- for the smallest firm and Rs. 90.00 for a little bigger firm and Rs. 200.00 for a reasonably big firms Mr. Ilias, President of the West Bengal Tannery Majdur Union asked Banarasi Das to convene a meeting of the workers on 7/10/1978 at 5.30 p m in front of Dr. B R. Ambedkar School on Tiljala Road to communicate the result of the amicable settlement of the dispute over bonus to the workers. Banarasi Das deceased accordingly called a meeting on 7/10/1978 at that place at 5.30 p.m. On 7-10-78 a few minutes before the scheduled time for holding the meeting, Banarasi Das went in front of Dr. B.R. Ambedkar Vidyalaya at Tiljala Road with 6/7 other members of the Union. The gate of the school was found locked and he asked one of his followers to bring the key. When that man left for bringing the key at about 5.30 p.m. the two appellants along with others arrived there, being armed with knives. Appellant Barks asked him as to what he had been doing there. Immediately thereafter without waiting for the reply Barka started stabbing Banarasi with a knife. He stabbed on the abdomen of Banarasi Das and appellant Ram Deo Prasad stabbed him on his back. The other accused persons surrounded Banarasi Das with knives in hands. Informant Ram Sebak Das (P.W. 4) was present at the place of occurrence and on seeing such a horrible scene he ran to a safer distance when some persons threatened to kill him also. He looked back and saw 20 to 25 other persons standing on the slope of the bridge near the spot who were shouting for killing them all. Out of feat Ram Sebak Das ran away and went to M/s. Crescent Tannery at 82, Tiljala Road and informed one Ram Bilas Ram (P.W. 7) and others who were holding negotiation with the management of the tannery. He apprised Ram Bilas Ram and Ram Baran Probhakar (P.W. 30) of the incident. He then returned to the place of occurrence with those persons and removed Banarasi Das to Chitra Ranjan Hospital by a taxi along with Ram Bilas Ram (P.W. 7) and Rameswer Ram (P.W. 6). The deceased was admitted into hospital and removed to the Operation Theatre. There offer, Ram Sebak Das (P.W. 4) went to C.P.I. District Committee Office at 20 B, Bow Bazar Street and informed the party secretary and others about the occurrence. He lodged the First Information Report with the Beniapur Police Station on the basis of which a case was registered against the appellants and others and police took up investigation. Banarasi Das succumbed to his injuries at 12.30 a.m. on 8.10 78. After completion of investigation charge-sheet was submitted against the appellants and others which, in usual course, ended in committal of the case to the court of sessions.
(3.) In defence, the appellants pleaded innocence alleging that they were falsely implicated out of grudge.;