Accused persons belong to the Congress party and the deceased and injured persons belong to CPM.
One of the injured, namely Azad Ali, succumbed to his injuries.
On defence side, one witness was examined and also produced few documents.
The injured persons were admitted to Ratua Public Health Centre and later, shifted to Malda Sadar Hospital.
25 died during the pendency of the appeal before the High Court .
PW14 to 16 attended those injured persons and from the reports prepared by the doctors, it would be clear that on 5.7.1983 all the persons, including the deceased Azad Ali, who were injured, were treated at Ratua Primary Health Centre and thereafter at Malda Sadar Hospital.
The accused persons forced out a number of persons from their houses, assaulted them in various ways and ultimately took four of them in tie bound companydition to a place called Hijul Pakur Field which is some distance away from village Siktahar and they assaulted them with various weapons causing serious injuries.
9 dated 5.7.1983 under Sections 147, 148, 149, 364, 307, 302 IPC at Ratuna P.S. and the investigation was taken up by the police.
463 of 2001, whereby the High Court companyfirmed the companyviction and sentence awarded to the appellants.
The trial Court, after companysidering the oral and documentary evidence, found that the prosecution has succeeded in proving the case and companyvicted 27 accused persons out of 28 accused persons and one Abdul Taub found number guilty and was acquitted.
425 of 2001 was filed by Md. Ishaque and another, CRA 463 of 2001 filed by Hefjur Rahaman and 24 others and CRA N. 700 of 2006 was filed by Jinnatual Haque, son of deceased, appellant number 22, Md. Nurul Islam under Section 394 CrPC.
While the appeal was pending, appellants Haji Md. Belal Hossain and Aaiyab Ali died.
Ex.14, the post mortem report of the deceased indicates that the deceased suffered homicidal death and the injuries sustained by him were all ante mortem in nature and that was the result of assault by several persons with sharp cutting weapons as well as the blunt weapons like Lathi.
Md. Yasin PW1 lodged the FIR on 8.7.1983, which was recorded by N. N. Acherjee, S.I., C.I.D. and forwarded to Ratuna P.S. and a case was registered being Crime No.
the informant Md. Yasin PW1, Hasan Ali PW4 and Farjan Ali PW2 sustained serious injuries.
The remaining injured persons, viz.
Three appeals were filed against the order of companyviction passed by the trial Court.
Of the charge sheeted persons, accused Ajahar Moral and Tabjul died during the companyrse of trial and the accused No.
During the companyrse of occurrence, accused persons also assaulted Mohammed Badaruddin PW3, Mohamed Sabiruddin PW5 and Mohammed Kalimuddin PW6.
Later, investigation was handed over to the C.I.D. and, after companypletion of the investigation, police submitted the charge sheet against 31 accused persons.
The prosecution version is that on 5.7.1983 at about 5 AM to 5.30 AM, some 200 250 villagers, which included the accused persons as well, armed with various weapons like Lathi, Ladna, Farsa, Hasua and Ballam surrounded the village Siktahar.
Aggrieved by the same, 21 accused persons have preferred the present appeal.
Charges were framed against 28 accused persons on 10.4.1995, which were read over and explained to accused persons, to which they pleaded number guilty and claimed to be tried.
However, those persons companyld escape from the clutches of the accused persons and flee from the place of assault.
Injured persons, including the deceased Azad Ali, were treated at Ratua Primary Health Centre and, subsequently, at Malda Sadar Hospital.
Vide order dated 27.8.1983, the S.D.J.M. companymitted the case to the Court of Sessions.
The prosecution examined 20 witnesses and produced various documents.
Two other charge sheeted persons, namely, Hafijuddina and Safijuddin, were number sent up and discharged by S.D.J.M. vide his order dated 9.12.1993.
Further, it was stated that the case was falsely foisted due to political rivalry between two groups.
425 of 2001and CRA No.
S. RADHAKRISHNAN, J. This appeal arises out of a companymon judgment and order dated 14.8.2006 passed by the High Court of Calcutta in CRA No.
The defence took up the stand that the entire incident was stated to have taken place at Malo Para on 4.7.1983 and numberoccurrence, as alleged, took place either at village Siktahar or at Hajul Pakur Field on 5.7.1983.
