According to the prosecution this incident was witnessed by Malin Hossain PW 1 brother of the deceased, Kalam Biswas PW 3 , Sahida Khatun PW 4 daughter of the deceased, Nasiruddin Biswas PW 5 son of the deceased and Firujtullah PW 6 .
It may be stated that out of 20 accused who were charged sheeted, 9 were discharged by the learned Sessions Court before framing the charge and 5 were acquitted after the trial.
The evidence of the eye witnesses was challenged on the ground that they were all related to the deceased.
PW 3s presence near the place of incident was challenged for the reason that he had numberreason to be there and thus was a chance witness.
After remaining into custody he had companye out of the jail 7 days before the incident.
Evidence of PW 1 was challenged on the ground that he companyld number have seen the incident as he has admitted in his cross examination that when he went to the place of incident his brother had already fallen down dead.
It, therefore, companyvicted the six accused named by the witnesses.
The presence of PW 1 was believed as his house was only about 100 feet away from the place of incident.
It also believed the presence of PW 3 as he stood companyroborated by Hasem Ali PW 8 who has deposed that soon after the incident he was informed by PW 3 about the incident and on the basis of that information he had made a telephone call to the Karimpur Police Station and informed the police.
The evidence of PW 4 Sahida Khatun and PW 5 Nasiruddin was also challenged on the ground that it was doubtful if they were really with the deceased at that time.
What was alleged against the accused was the on October 11, 1980 at about 3.00 p.m. they along with 14 other accused had assaulted and Killed Babar Ali.
If found that PW 3 and PW 4 were accompanying their father as he was going to the market for purchasing cloth for them.
for the Respondent J U D G M E N T The following Judgment of the Court was delivered NANAVATI, J. This appeal by the companyvicted accused is directed against the judgment and order passed by the High Court of Calcutta in Criminal Appeal No.
with him for the appellants.
According to the prosecution the motive for killing Babal Ali was that accused Niamat had filed a criminal case against Babar Ali.
P.K. Chakraborty, Adv.
308 of 1984.
All the six companyvicted accused had applied to this Court for special leave to appeal against the judgment of the High Court.
Debasis Mohanty, K.N. Tripathy and J.R. Das, Advs.
