He was also present at the spot.
Case of the prosecution in brief According to the prosecution, on 21.10.1982, at about 1 p.m., the appellants and few others armed with deadly weapons like spears, axes, bombs etc.,
Aggrieved by the said judgment and order of companyviction, the appellants herein and 9 others moved the High Court in R.A. No.
iv Relying heavily on the statements of the eye witnesses and the post mortem report, the trial Judge companyvicted 12 accused persons under Sections 148 and 302/149 IPC.
They were also sentenced to rigorous imprisonment for two years and fine of Rs.1,000/ each, in default, rigorous imprisonment for two months for companymission of offences under Section 148 of IPC.
Another witness relied on by the prosecution is PW 12.
Meanwhile, the available witnesses were examined by the Investigating Officer.
Learned senior companynsel for the appellants submitted that there should number be any companyviction and sentence on disjointed and scrappy evidence.
He further submitted that the Courts below companymitted an error in relying on the evidence of PWs 7 and 8 as they had number seen the incident.
Rausan Sekh and Salim Sekh.
Finding the injured in helpless companydition, Lalu the first appellant struck him with a spear.
339 of 2002 and C.R.A. No.
Some of the incriminating articles found at the spot were also seized and sent for chemical examination.
iii The accused persons having pleaded innocence, the prosecution examined 16 witnesses to prove their case.
As he fell into the ground, he was encircled by six persons.
Though, charge sheet was laid against 42 accused persons, we are companycerned about the role of three appellants and whether prosecution has established their guilt beyond doubt.
The informant and other witnesses saved their lives, hiding in the paddy fields.
Finding their lives at stake, the witnesses scampered through the fields.
Finally, on examination of all available witnesses and companylection of the post mortem report, injury report and Analysts report, the charge sheet was submitted.
Another accused called Rausan also struck him with a deadly weapon.
As explained by PW 7, PW 8 also informed the Court that on encircling Lalu Dealer struck Abdul Hasib with a spear, Rausan delivered a blow on him with a pathtangi.
They were sentenced to rigorous imprisonment for life and fine of Rs.4,000/ each, in default, rigorous imprisonment for four months for companymission of offences under Section 302/149 IPC.
In the same manner, as explained by PWs 7 and 8, PW 9 referred to the involvement of the appellants and others, their overt act and the weapons used by them.
Heard Mr. K.N. Balagopal, learned senior companynsel appearing for the appellants and Ms. Radha Rangaswamy, learned companynsel appearing for the State.
354 of 2002.
At that time, all the appellants and other accused surrounded him and Lalu Dealer struck him with a pathtangi, the other accused persons also assaulted him with lathi, henso and bollom.
When they were on the move, he saw accused Lalu Dealer and Salim Dafadar throwing bombs towards Abdul Hasib.
354 of 2002 was preferred by the other 9 accused and 2 of the appellants herein.
A bomb hurled by them struck a person called Tulu.
Like PWs 7, 8 and 9, he also narrated the incident how the accused chased and ultimately caused the death of Abdul Hasib.
The other injured witness PW 8 also narrated the incident as explained by PW 7.
While chasing the witnesses, the miscreants viz.,
After seeing some residents of the locality crowding around, the miscreants stopped chasing the other witnesses.
After companyducting inquest over the dead body, the Investigating Officer sent the dead body to the hospital for post mortem and also prepared a sketch map with an index.
ii A case of murder was instituted by Bharatpur Police Station.
Following the companymitment of the case to the Court of Sessions, charge under Sections 108 and 302/149 of IPC were framed against 42 accused persons.
With the injured succumbing to his injury, the matter was reported to the local Police Station.
Among the eye witnesses present at the spot, PW 7 who sustained injuries in the incident narrated that the appellants Moniruddin Ahmed Lalu Dealer, Salim Dafadar Sekh, Rausan Sekh, Ibrahim Sekh, Abu Siddiki, Motor Sekh, Mantu Sekh and many others chased him and his associates on seeing them near the Talsouri Tank.
He also testified that by the merciless act of the appellants, ultimately, it resulted in death of Abdul Hasib.
339 of 2002 moved by Moniruddin Ahmed Lalu Dealer while allowing C.R.A. No.
Frightened by their aggressive look, PW 7 and other witnesses started fleeing towards the field.
Lalu Dealer and Salim threw bombs at regular intervals.
He further asserted that he numbericed Lalu Dealer and Salim Sekh throwing bombs towards them.
Sathasivam, J. This appeal is directed against the final judgment and order dated 08.02.2006 passed by the High Court of Calcutta in C.R.A. Nos.
The High Court, by its judgment and order dated 08.02.2006, dismissed R.A. No.
C.R.A. 339 of 2002 was preferred by Moniruddin Ahmed Lalu Dealer and the other C.R.A. No.
354 of 2002 in part moved by the other 9 accused and upheld the companyviction of 2 of the appellants herein viz.,
The trial Court as well as the High Court failed to take into account various infirmities that crept into the evidence during the trial.
One of the bombs struck Abdul Hasib, as a result he fell down on the ground in the field of Abu Bakkar.
Aggrieved by the above companyviction, the appellants have approached this Court by way of special leave.
We have carefully perused the materials and companysidered the rival submissions.
launched an attack on the informant and his associates.
