Calcutta High Court (Appellete Side)
Sk. Mobarak Ali @ Sk. Mobarak vs Unknown on 17 April, 2017
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1
17.04.2017
3
pk
CRA No. 174 of 2017
In Re:- An application for admission of appeal under Section 374(2) of the Code of
Criminal Procedure.
And
In the matter of: Sk. Mobarak Ali @ Sk. Mobarak appellant
Mr. Ranadeb Sengupta for the appellant
This is a case of acid attack and in the trial this appellant and six others
were found guilty for offences punishable under Sections 307/326/325 of the
Indian Penal Code and sentenced to suffer imprisonment for ten years,
imprisonment for life, imprisonment for seven years respectively and to pay fine
with default clause. It was also directed if fine amount is realized, the same shall
be paid to the victim, Soyed Ali Hossain, who was examined during the trial as
P.W. 2.
The learned counsel for the appellant submits that after the
pronouncement of the judgement, the victim Soyed Ali Hossain has expired.
Therefore, instead of Soyed Ali Hossain, they made his wife, Ajmira Bibi, as one
of the respondent. He further submits his client is unable to tell this court, who
are the other dependents of the said victim.
In such circumstances, we direct the Learned Public Prosecutor, High Court, Calcutta to make an enquiry through the Officer-in-Charge of Daspur Police Station, District Paschim Medinipur and to ascertain who else are the dependents of the victim Soyed Ali Hossain and shall submit a report by Friday, 2 the 21st April 2017. The Officer-in-Charge of Daspur, Police Station shall have the liberty to enquire into the locality and to take other steps for this purpose.
List the matter on Friday the 21st April 2017.
Let a photostat plain copy of this order duly counter-signed by the Assistant Registrar (Court) be handed over to the learned Public Prosecutor, High Court, Calcutta to do the needful in course of today.
(Ashim Kumar Roy, J.) (Amitabha Chatterjee, J.)