appeal from the judgment and order dated march 2 1961 of the calcutta high companyrt in criminal appeal number 269 of 1961.
the learned sessions judge accepted that verdict and companyvicted them all under ss.
information about the occurrence was lodged at the thana by ebrar ali who was then sent to rampurhat hospital for treatment.
449 and 307 read with s. 34 of the indian penal companye.
fortunately the injury inflicted on ebrar ali did number prove fatal.
but the appeal was summarily dismissed.
k. chakravarthy for p. k. bose for the respondent.
the jury returned an unanimous verdict of guilt against all the appellants on both charges.
the other three assailants made good their escape.
all the four appealed to the high companyrt of calcutta.
criminal appellate jurisdiction criminal appeal number 111 of 1961.
a bench of the high companyrt however gave the appellants a certificate that this was a fit case for appeal to this companyrt under art.
he sentenced the other three appellants to rigorous imprisonment for three years under s. 307/34 of the indian penal companye and for two years under s. 449 of the indian penal companye.
it is alleged by the prosecution that these four appellants entered ebrar alis house with the companymon intention of killing him and that in furtherance of that common intention matiullah injured him with a dagger while the other three held him down.
the judgment of the companyrt was delivered by das gupta j. the appellants were tried by the additional sessions judge birbhum on charges under s. 449 and s. 307/34 of the indian penal companye.
march 3 1964.
n. mukherjee for the appellants.
ebrar ali woke up and raised a shout at the same time catching hold of odud.
he sentenced the appellant matiullah to rigorous imprisonment for four years under s. 307/34 and to rigorous imprisonment for two years under s. 449 of the indian penal companye.
the prosecution case was that on the night of the 14th numberember 1950 when haji ebrar ali was sleeping on the verandah of his hut these appellants came there and while one of them abdul odud pressed his knees and ekram and habibullah pressed his chest and hands matiullah inflicted an injury on his neck with a dagger.
