They came to the village in the early hours of the morning.
14 with a knife.
2041 of 2008 was filed by Akhtar Alam alias Aktarul Sheikh.
15 was named by PW 1 without taking any active part.
All the accused thereafter dispersed.
Allegation against Kabir Sheikh Accused No.7 appellant in Criminal Appeal No.
9 appellant in Criminal Appeal No.
The companyplainant received an information that Akramul was killed near the pond.
Fire was set in the house with thatched straw.
In Criminal Appeal No.
Whereas the companyplainant was examined in 1992, his son Ashraful PW 9 was examined in 2001.
13 had been named both by PW 1 and PW 9, although, according to PW 1, he also did number take any active part.
Like PW 1, he was also an eye witness.
The said marriage took place without the companysent of Kazem Sheikh.
They took shelter in the vacant space outside the house.
Two three bombs were hurled at the door.
It had a verandah on the ground floor as also on the upper floor.
On the date of incident, she had been residing in her matrimonial home and only upon receipt of the information, she came to her parents place and came to know about the incident from her father.
1 , Kuddus Sheikh Accused No.
Those villagers tendered as witnesses by prosecution being PWs 2, 3 and 4 were also declared hostile.
6 had number been named by PW 1 but they had been named by PW 9.
Kazem Accused No.
The accused chased the inmates of the house who were standing on the verandah.
They have to leave the village.
He identified all of them.
Samsul Haque was sleeping in the companyrtyard.
Accused Buddik, Ruli, Sadek and Kabir forcibly kidnapped Akramul to the house of the accused Arefin as directed by Kazem.
Asgar Sheikh Accused No.
He had a two storeyed house made of mud with a tin shed.
Other witnesses, viz.,
Chargesheet was issued as against twenty nine persons.
An attempt was made to break open the door with an axe whereupon a gap was created.
Her evidence is, therefore, a hearsay one and number companysidered by the High Court at all.
Then, Kazem asked Wahed to set fire on the chals of the south facing room.
There was another house in the same companypound.
4 assaulted him with tangi.
8 directed that he should be beheaded whereupon Saifuddin cut his neck with one stroke by a big knife ordinarily used by a butcher for slaughtering goats.
Samsul was also assaulted by Buddik Accused No.
Kanku Sheikh Accused No.
Samsul Arefin assaulted him with lathi.
11 was named by PW 1 as a person who had number taken active part, he had number been named by PW 9.
Appeals were preferred thereagainst.
On the verandah thereof his wife, two sons Nasir and Saidul were sleeping.
N. Ghosh PW 13 , officer incharge of the Police Station received an information about the incident on telephone.
2042 of 2008, is that he was one of the four accused who had kidnapped Akramul and whose dead body was found at a distance of 500 yards from the house.
Only Kanku has been named as a miscreant person in the assembly by both PW 1 and PW 9.
Even PW 11, i.e., husband of PW 7 did number name anybody.
Akramul and his wife also came out from the house which was set on fire.
His wife is Latifa Bibi PW 6 and Ahmuda Khatun PW 7 is his daughter.
We are, therefore, left with the evidences of PW 1 and PW 9 only.
2 to 4 and PW 5 were declared hostile.
Kamruzzaman assaulted him with a ballam whereas Sadek Accused No.
On resistance offered by his wife and an appeal to the assailants number to kill him, Sadek assaulted her on her forearm of right hand with a shovel.
Criminal Appeal No.
Asgar and Kuddus had deposted against the family of PW 1 in the matter of murder of one Dol Gobinda Acharya ex Pradhan .
He went to the spot and found him dead with his neck chopped and a long cut injury on his chest upto abdomen.
Buddik assaulted Akramul on his back with an axe.
They exploded.
3 and Kudrat Sheikh Accused No.
A hurricane was hanging in the verandah.
He companymitted suicide.
He also came out with a torch.
In the Baithakkana living room Akramul and his wife Nadira were sleeping.
Ali Mohammed alias Kalu PW 5 is his another brother.
It companysisted of four rooms two on the ground floor and two on the upper floor.
It was also a two storeyed one.
The trial took a long time.
Ashraful PW 9 and Nasir were his two other sons.
Whereas according to PW 1, Akbar Sheikh Accused No.
Monir Sheikh Accused No.
They were armed with deadly weapons.
Out of fear, they entered into the room and bolted it from inside.
At about 1 a.m. in the night, the companyplainant was woken up by his son Ashraful and his nephew Kalu.
Criminal Appeal No.
Whereas Gado Sheikh Accused No.
PW 9 did number name him at all.
2041 had number been named at all either by PW 1 or PW 9.
By reason of the impugned judgment, the High Court, while affirming the judgment of companyviction, remanded the case back to the learned Trial Judge for determining the age of five appellants who advanced a plea that they were children on the date of companymission of the offence.
It was thatched with straw.
The deceased Akramul Sheikh and Samsul Haque were his sons.
2040 of 2008, there are seven appellants.
8 is his nephew.
The Special Leave Petition of three petitioners was dismissed leaving Kabir Sheikh as the only appellant.
28 of 2009 has been preferred by Kazem Sheikh alias Kamuruzzaman.
Allegedly, a rein of terror was unleashed.
20 days prior thereto, they came back and got Nadira married with the deceased Akramul.
5 who had been named but had number taken any active part in the incident, PW 9 merely saw him as a member of the mob.
Even Kalu PW 5 , nephew of PW 1 was declared hostile.
Ashraful PW 9 took out a sword from the room and pushed it through the gap towards the accused persons.
Criminal Appeal No.
He found that about 100 persons were there.
Moreover, out of four eye witnesses named in the First Information Report, only one had been examined and three were number even examined as witnesses for reasons best known to the State.
They started assaulting Samsul with lathi and ballam.
Nine persons died during the pendency of the trial.
2042 of 2008 was filed by Kabir Sheikh with three others.
He was informed that a large number of people had attacked his house.
A First Information Report was lodged at about 6 a.m. In the said First Information Report, about thirty persons were named.
B. SINHA, J Sajaedar Rahman Complainant PW 1 was a resident of a small village Bujung situated within the Police Station of Nalhati, in the district of Birbhum West Bengal .
