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SUPREME COURT OF INDIA
K.S. RADHAKRISHNAN AND DIPAK MISRA, JJ.
MD. ISHAQUE AND OTHERS - Appellants
VERSUS
STATE OF WEST BENGAL AND OTHERS - Respondents
Criminal Appeal No. 1421 of 2007
Decided on 3-5-2013.
Facts of the Case :
Accused persons 28 in number were prosecuted herein in the instant case for surrounding the village Siktahar well, armed with various weapons like Lathi, Ladna, Farsa, Hasua and Ballam , for forcing out a number of persons from their houses for assaulting them in various ways and ultimately taking four of them in tie-bound condition to a place called Hijul Pakur Field and assaulting them with various weapons causing serious injuries. One of the injured, succumbed to his injuries.Trial Court after considering oral and documentary evidence, Convicted 27 accused persons. Appeals thereagainst, were Partly allowed by High Court acquitting five accused persons.
B. Present appeal has been filed against said order of High Court.
Findings of the Court :
The Supreme Court held that Prosecution succeeded in proving the place of occurrence, the time of occurrence as well as the manner of assault made on injured persons .Said injured persons were all examined by the Court and their evidence fully corroborated the prosecution case. There was Sufficient evidence to show that incident had happened on 5.7.1983, as projected by prosecution. The prosecution successfully proved that it was the appellants and others who had committed the crime, so found by the trial Court as well as High Court. Since Appellants caused the injuries with deadly weapons. Hence, intention could be presumed regarding causing injuries as were likely to cause death. Conviction ordered by trial court under Section 302 IPC was converted to Section 304 Part I IPC. Appeal was disposed of
Result : Appeal disposed of
JUDGMENT
K. S. Radhakrishnan, J.:-This appeal arises out of a common judgment and order dated 14.8.2006 passed by the High Court of Calcutta in CRA No. 425 of 2001and CRA No. 463 of 2001, whereby the High Court confirmed the conviction and sentence awarded to the appellants.
2. The prosecution version is that on 5.7.1983 at about 5 AM to 5.30 AM, some 200-250 villagers, which included the accused persons as well, armed with various weapons like Lathi, Ladna, Farsa, Hasua and Ballam surrounded the village Siktahar. The accused persons forced out a number of persons from their houses, assaulted them in various ways and ultimately took four of them in tie-bound condition to a place called Hijul Pakur Field which is some distance away from village Siktahar and they assaulted them with various weapons causing serious injuries. The injured persons were admitted to Ratua Public Health Centre and later, shifted to Malda Sadar Hospital. One of the injured, namely Azad Ali, succumbed to his injuries. The remaining injured persons, viz. the informant - Md. Yasin PW1, Hasan Ali PW4 and Farjan Ali PW2 sustained serious injuries. During the course of occurrence, accused persons also assaulted Mohammed Badaruddin PW3, Mohamed Sabiruddin PW5 and Mohammed Kalimuddin PW6. However, those persons could escape from the clutches of the accused persons and flee from the place of assault.
3. Md. Yasin PW1 lodged the FIR on 8.7.1983, which was recorded by N. N. Acherjee, S.I., C.I.D. and forwarded to Ratuna P.S. and a case was registered being Crime No. 9 dated 5.7.1983 under Sections 147, 148, 149, 364, 307, 302 IPC at Ratuna P.S. and the investigation was taken up by the police. Later, investigation was handed over to the C.I.D. and, after completion of the investigation, police submitted the charge-sheet against 31 accused persons. (Of the charge-sheeted persons, accused Ajahar Moral and Tabjul died during the course of trial and the accused No. 25 died during the pendency of the appeal before the High Court). Two other charge- sheeted persons, namely, Hafijuddina and Safijuddin, were not sent up and discharged by S.D.J.M. vide his order dated 9.12.1993. Vide order dated 27.8.1983, the S.D.J.M. committed the case to the Court of Sessions.
4. Charges were framed against 28 accused persons on 10.4.1995, which were read over and explained to accused persons, to which they pleaded not guilty and claimed to be tried. The prosecution examined 20 witnesses and produced various documents. On defence side, one witness was examined and also produced few documents. The defence took up the stand that the entire incident was stated to have taken place at Malo Para on 4.7.1983 and no occurrence, as alleged, took place either at village Siktahar or at Hajul Pakur Field on 5.7.1983. Further, it was stated that the case was falsely foisted due to political rivalry between two groups. Accused persons belong to the Congress party and the deceased and injured persons belong to CPM.
5. The trial Court, after considering the oral and documentary evidence, found that the prosecution has succeeded in proving the case and convicted 27 accused persons (out of 28 accused persons) and one Abdul Taub found not guilty and was acquitted.
6. Three appeals were filed against the order of conviction passed by the trial Court. CRA No. 425 of 2001 was filed by Md. Ishaque and another, CRA 463 of 2001 filed by Hefjur Rahaman and 24 others and CRA N. 700 of 2006 was filed by Jinnatual Haque, son of deceased, appellant no. 22, Md. Nurul Islam under Section 394 CrPC. The High Court took the view that the trial Court has rightly convicted all the accused persons, except appellants Yasin, Daud Hazi, Mannan, Islam Maulavi and Alauddin. CRA 425 of 2002 and CRA 463 of 2001were, therefore, allowed in part. Since Islam Maulavi was acquitted, CRA 700 of 2006 was also allowed.
7. Aggrieved by the same, 21 accused persons have preferred the present appeal. This Court granted bail to 14 appellan
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