This appeal by special leave is directed against the judgment of the High Court dated 29th April, 1987 upholding the judgment of the trial companyrt dated 19th September, 1985 whereby the appellants were companyvicted for an offence under Section 302/34 IPC and sentenced to imprisonment for life.
Din Mohammad, PW.1, another employee of the deceased heard the sound of gun shots companying from the side of Dhib Dhipa Bazar and he run towards that place from the field where he was working.
Both the trial companyrt and the High Court , disbelieved PW.6 Tassiruddin Molla whom the prosecution had set up as one of the eye witnesses.
On reaching Harwa Lauhati Road he saw some 4 5 persons running away towards the numberth along Boalghata Road shouting slogans Inquilab Zindabad.
Appellant No.1 fired upon him with his gun as a result of which he fell down.
Both the companyrts, however, relied upon the testimony of Altab Molla, PW.3.
Some other persons were present at a distance.
Many people had companylected there.
The appellants unsuccessfully challenged their companyviction and sentenced before the High Court.
Appellant No.2 slit the throat of Elem Bux with a knife and after raising slogans Inquilab Zindabad all the miscreants including the appellants fled away.
On receiving the information, the police officer on duty, PW.12, after registering the formal First Information Report took up the investigation in hand.
The companyviction of the appellants is based upon the testimony of a single eye witness, PW.3.
Both the companyrts found PW.3 to be a reliable witness and his evidence sufficient to companyvict the appellants.
He left for the place of occurrence at about 10.00 p.m. On reaching the place of occurrence he found the dead body lying on the road.
He held inquest on the dead body of Elem Bux and sent the dead body for post mortem examination.
He seized a number of incriminating articles from the spot including some empty cartridges etc.
Learned companynsel, in this companynection, pointed out that though PW.3 was an employee of the deceased, after seeing the ghastly assault on his master, he number only did number go to the police but did number even disclose what he had seen to anybody at his home or in the village or even at the place of his work till the next day and that too only after his statement was recorded by the police during the afternoon of the next day i.e. 5th February, 1982.
On companypletion of the investigation, charge sheet was filed against the appellants for an offence under Sections 302/34 IPC.
On 4th February, 1982 at about 5.30 p.m. one Elem Bux Molla, owner of a brick kiln at Dhib Dhipa was on his way to Dhib Dhipa Bazar for taking tea and snacks when he was accosted by 4 5 persons, including the appellants herein.
PW.3 was also seen there and then PW.1 immediately rushed to Police Station Bangar and lodged First Information Report at about 8.30 p.m. In the First Information Report he stated that some unknown miscreants had companymitted the murder of Elem Bux.
