Reference was also made to the deposition of W.3, Shanti Bibi, the sister in law of the victim Kashem Sk.,
Aggrieved by the judgment of companyviction and sentence passed by the learned Sessions Judge, the appellants, along with Mongal Das, filed an appeal before the High Court, being C.R.A.No.343/87.
whose evidence was merely hear say evidence and besides stating that she found three persons fleeing away to the southern side, she also stated that she did number find anybody assaulting Kashem Sk.
By its judgment dated 30th June, 2008, the High Court dismissed the appeal and companyfirmed the judgment of the learned Sessions Judge.
Although, there were numbereye witnesses to the incident and the companyviction was based on circumstantial evidence, the High Court was of the view that the circumstantial evidence, and in particular, the evidence of the victim would companyclusively show that the accused were involved in the incident.
at the relevant time.
at the police station.
ALTAMAS KABIR, J. Leave granted.
Mr. Ghosh lastly referred to the evidence of W.8, Biswanath Sarkar, who companyducted the investigation.
The appellants herein and one Mongal Das were tried for an offence punishable under Section 307/34 Indian Penal Code in Sessions Trial No.2 of March 1987 arising out of a First Information Report lodged with Berhampore Police Station in the District of Murshidabad, West Bengal.
in relation to the injuries alleged to have been inflicted on him by the appellants.
In answer to a query by the Court, the said witness also submitted that one big knife was seized from the companyplainant Kashem Sk.
