Form No. J(1)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL APPELLATE JURISDICTION

APPELLATE SIDE

Present:-

The Hon’ble Justice Rajasekhar Mantha

And

The Hon’ble Justice Ajay Kumar Gupta

C.R.A. 283 of 2015

Maynul Bere @ Sk. Maynul & Ors.

-Versus-

The State of West Bengal

With

C.R.A. 266 of 2015

Aftab Sk. @ Atab Sk. & Ors.

-Versus-

The State of West Bengal

With

C.R.A. 320 of 2015

Waser Sk. @ Wacher Mayra

-Versus-

The State of West Bengal

For the Appellants

(Maynul Bere and Sk. Maijuddin)

in CRA 283 of 2015. : Mr. Sudipto Moitra, Senior Advocate

Mr. Angshuman Chakraborty

Mr. S.S. Saha

For the Appellants

in CRA 266 of 2015. : Mr. Sabir Ahmed

Mr. Dhiman Banerjee

Mr. T. Ahmed

For the Appellant

(Latib Sk.) in CRA 283 of 2015

and

for the Appellant (Waser Sk.)

in CRA 320 of 2015 : Mr. Y.Z. Dastoor, Senior Advocate Mr. Prabir Majumdar For the State : Mr. Debasish Roy, Ld. Public Prosecutor Mr. Soumik Ganguly Ms. Madhumita Basak Hearing concluded on : 12th August, 2025 Judgment on : 18th August, 2025 Rajasekhar Mantha, J.

1. The present appeals are directed against the judgment and order of conviction dated 22nd April 2015 and 23rd April 2015 passed by the learned Additional District and Sessions Judge (FTC-1), Krishnanagar, Nadia, in Sessions Trial No. 2 July (2008) arising out of Sessions Case No. 132(5) of 2007. The appellants, Maynul Bere, Latif Shaikh, Maisuddin Shaikh, Waser Sk @ Wacher Mayra, were sentenced to rigorous imprisonment and a fine of Rs. 5,000/- under Section 302 read with Section 34 of the IPC.

2. The appellants Mosaref Sk @ Musa, Maisuddin Sk, Faisuddin Bere, Jahangir Sk, Mainul Bere, WasirSk @ Wacher Mayra, Latif Sk, Ismail Mallick, AtabSk, Tayeb Ali Sk and Nur Islam @ Icchu were sentenced to suffer rigorous imprisonment for 7 years with fine, for offence punishable under Section 326 read with Section 34 of the IPC.

THE PROSECUTION CASE

3. The prosecution case is that on the 9th November, 2005 at about 09:00 AM in a plot of agricultural land located at a place called “Banskata” Math (field), Haphijuddin Mallick (PW 4) (resident of Dingel Village, under Kaliaganj PS) saw that accused Tayeb Ali Sk was ploughing into the former’s land after breaking an ‘aile’ (a partition between two tracts of land made of mud in the form of a raised platform also used for walking). Upon being confronted by PW 4 and one Moijuddin, Tayeb Ali Sk. attacked PW 4 and hit him with a stick on his head. Tayeb thereafter left the place along with Faizuddin Bere, to Borobighe village (1 km away) under Nakashipara PS, and brought the accused persons, Maynul Bere, Latif Sk., Maijuddin Sk., Waser Sk, Mosaref, Faijuddin Bere, Jahangir Sk., Mainul Bere, Ismail Mallick, Atab Sk. and Nur Islam and several other persons altogether about 20-30 persons.

4. At the relevant point in time, Lalchand Mallick, Sabdullah Mallick and Burhan Ali, all sons of PW 4, were present in the field reaping paddy along with workers. The accused persons and their associates are stated to have come from Borobighe village along with a Ram Dao (a long, curved, sharp cutting instrument used in agriculture), Sticks, Tangi (another sharp cutting instrument used in agriculture) and other sharp cutting instruments and attacked Haphijuddin, his sons, Lalchand Mallick, Burhan Mullick and Sabdullah. Lalchand was stated to have been restrained by two persons, Moijuddin and Faijuddin (stated by PW 9) or Latif (stated by PW 2) or Latif and Moijuddin (stated by PW 10).

5. Maijuddin, Momin and Faijuddin, Maynul and Latif are stated to have inflicted injuries on Haphijuddin, Burhan and Sabdullah with a Ramdao and sticks. Maynul is stated to have struck Lalchand in the nape of the neck with a Ramdao, as deposed by PWs 2, 3, 4, 8, and 9.

6. Lalchand is stated to have died on the spot or on the way to the Saktinagar hospital and was declared dead or arrival at the hospital. Burhan Mallick suffered grievous injuries in the right infra-scapular region on the back with diaphragm injury of 10” x 2” in the chest cavity and abdomen, and was hospit