Rajarshi Bharadwaj, J. - (1.) Both the appeals arose out of a common judgement and order dated 31st July, 2006 passed by the learned Additional Sessions Judge, Fast Track (1st Court), Uluberia, Howrah in Sessions Trial Case no. 521 of 2004 convicting the appellants under Sections 326/149/148 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for 4 years each and also to pay a fine of Rs. 1000/- each; in default to suffer simple imprisonment for one year each for the offence punishable under Section 326 of the Indian Penal Code and further sentencing them to suffer rigorous imprisonment for one year each and also to pay a fine of Rs. 500/- each; in default to suffer simple imprisonment for six months each for the offence punishable under Section 148 of the Indian Penal Code and directing both the sentences imposed on each of the appellants run concurrently.
(2.) The prosecution case in short is that on 11th July, 1992 at about 10.30/11.00 hours while Rejjak Mallick and Ayub Mollah went to cultivate the land belonging to the mother of accused Abubakkar Mollah under thika system with their power tiller, the daughter of accused Abubakkar namely, Anima Khatoon raised her protest. At that time, accused Zakir Mallick, Sk. Ishahaque, Abubakkar, Keyamat, Asmat, Rabial, Asgar, Khatib, Ayesha, the wife of Zakir and the wife of Ishahaque and some others being armed with lathi, Ballam, Tangi, Nepala etc. came over there and started altercations with Rejjak and Ayub and threatened them with dire consequences. During such altercation, all these accused persons along with Rejjak and Ayub came near to the village mosque and at that place those accused persons started to beat Rejjak and Ayub with fists and blows. At that time, Motiar Rahaman, Idrish Mollah and other village people raised their protest against all these accused persons. It was alleged that at that time accused Abubakkar Mollah brought two bombs from his house and handed over the same to Zakir and Zakir hurled those bombs towards Motiar Rahaman, out of which one bomb was exploded and as a consequence thereof, Motiar Rahaman sustained severe bleeding injury near to his left knee and Idrish and some others also sustained some injuries. The other bomb, which was hurled by Zakir, had not exploded.
(3.) It was further alleged that after the incident the village people surrounded those miscreants and ultimately, they caught accused Zakir and Ishahaque and assaulted them and confined them within the village but the other miscreants managed to flee away.;