Judgement

K. N. WANCHOO, J. : This is an appeal by special leave against the judgment of the Calcutta High Court in a criminal matter. The case relates to the murder of one Sk. Manzoor at Bagmari Road, Calcutta, on September 7, 1956, and to the causing of grievous hurt at the same time and place to Ranjit Pal. It was tried, by a jury before the Additional Sessions Judge at Alipore.

2. The prosecution story was briefly this. There is a manufacturing concern at Bagnari Road, which is known as Oriental Rubber Works. Of the three accused, Kaizar Ali is the manager of the concern. Santosh De the chemist and Shibraj Singh a darban. The incident took place on September 7, 1956, but the genesis of the trouble started earlier. It is said that there was discontent among the workers of the concern and there was a strike which began on August 13, 1956. This strike came to an end on August 21, 1956, on the basis of an agreement arrived at between the labour union and the concern with the assistance of the Assistant Labour Commissioner. On August 24, 1956, seventeen workmen were suspended. The workmen alleged that this amounted to victimization, which was against the terms of the agreement. Conseq