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2009 Supreme(SC) 916

S.B.SINHA
Akbar Sheikh – Appellant
Versus
State of West Bengal – Respondent


Judgment :-

S.B. Sinha, J.

1. Sajaedar Rahman (Complainant - PW-1) was a resident of a small village Bujung situated within the Police Station of Nalhati, in the district of Birbhum (West Bengal). He had a two-storeyed house made of mud with a tin shed. It had a verandah on the ground floor as also on the upper floor. It consisted of four rooms; two on the ground floor and two on the upper floor. There was another house in the same compound. It was thatched with straw. It was also a two-storeyed one.

2. The deceased Akramul Sheikh and Samsul Haque were his sons. Ashraful (PW-9) and Nasir were his two other sons. His wife is Latifa Bibi (PW-6) and Ahmuda Khatun (PW-7) is his daughter. Kazem (Accused No. 8) is his nephew. Ali Mohammed alias Kalu (PW-5) is his another brother.

3. On the fateful day, i.e., 16.05.1982 in the mid night, the complainant was sleeping inside his room. On the verandah thereof his wife, two sons Nasir and Saidul were sleeping. Ashraful and Kalu were sleeping in the first floor of another house. In the `Baithakkana (living room) Akramul and his wife Nadira were sleeping. Samsul Haque was sleeping in the courtyard. At about 1 a.m. in the night, the complainant























































































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