Girish Chandra Gupta, J.

1. ON 16th October, 2000, a written complaint was lodged at 13.15 hrs. by Hasan Jamadar, alleging that at about 11.30 hrs. while the complainant and others were taking tea at the stall of Farman Gazi, four persons viz Jaharul Hq. @ Baro Mia, his younger brother Azizul Sk Dafadar also known as Choto Mia, Bablu Molla and Ayub Molla came to the aforesaid tea stall. Baro Mia drew a knife from the shop of Pagla Gazi; held the same at the neck of Kalam and threatened to murder him. The persons present at the tea stall including the complainant caught the knife. Baramia in the circumstances dropped the knife and took out instead a pipegun from his waist. Saukat, who was sitting by the side of the said Kalam sought to escape. He was shot at and he died at the spot. Kalam also sought to escape. Chotomia and the said Ayub chased him. He was caught and shot at by the said Ayub. Seeing the incident Roshan Jamadar ran for life. Chotomia shot a bullet targeting him. He as a result was injured. Thereafter all the four accused persons left the place of occurrence. They also took along the motor cycle of the victim Soukat. Kalam died on the way to hospital. A charge