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2013 Supreme(SC) 445

DIPAK MISRA, K.S.RADHAKRISHNAN
MD. ISHAQUE – Appellant
Versus
STATE OF WEST BENGAL – Respondent


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 Mo















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