Dr. Bashiruddin stated on oath that Abdul Sheikh narrated to him the incident and named all the six appellants.
The appellant, Manu, arrived with a sabal crowbar , and began to strike Abdul Sheikh and the appellant, Mesher.
All this, while, the sixth appellant, Makid, held Abdul Sheikh by the legs and Afrahim and Jesed held him down by his head and shoulders.
Later, Abdul Sheikh was removed to Nalhati Health Centre, and while arrangements were being made for recording his dying declaration, he succumbed to his injuries.
Appeal by special leave from the judgment and order dated March 5, 1963, of the Calcutta High Court in Criminal Appeal No.
other witnesses, to whom reference is unnecessary, that the learned Assistant Sessions Judge, Birbhum, came to the company clusion that the offence was companymitted in the manner described above.
He was examined by one Dr. Bashiruddin, who gave him first aid.
While he was, so employed, two of the appellants, Afrahim and Jesed, appeared on the scene, and Afrahim asked Jesed to catch hold of Abdul Sheikh.
156 of 1963.
Abdul Sheikh took to his heels and was chased by these two appel lants, who overtook him and threw him down on the ground Immediately thereafter, there appeared on the scene the re maining appellants.
He had also some incised wounds and some bruises.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
January 7, 1964.
The Judgment of the Court was delivered by HIDAYATULLAH J. The six appellants who have appealed to this Court by special leave were companyvicted by the Assistant Sessions Judge, Birbhum under s. 304 Part II read with s. 34 of the Indian Penal Code and sentenced to six years rigorous imprisonment each.
began to strike Abdul Sheikh with a lathi.
This was on the morning of March 13, 1962.
134 of 1963.
K. Chakravarti and P. K. Bose, for the respondent.
N. Mukherjee, for the appellants.
When the appellants applied for a certificate in the High Court they made it plain that the only point which was required to be companysidered by this Court was whether s. 34 companyld be read in companyjunction with Part 11 of s. 304, Indian Penal Code.
Their appeal to the High Court was summarily dismissed.
Abdul Sheikh was seriously injured both his legs below the knee were fractured and one arm above the wrist was also fractured.
Jarahim was armed with a ballam and he started to hit Abdul Sheikh on his legs with the ballam.
