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These two appeals arise from the judgment and order of conviction and sentence passed in Sessions Trial No.418 of 2017; namely, Abu Fazel Fakir, Sakina Khatun, Ashma Begum, Sahanara Begum, Rausan Fakir, Sajehar Fakir, Mojehar Fakir, Sahida Begum.

2. The appellants in CRA 51 of 2017, were convicted for committing the offence under Section 324/34 of the IPC and sentenced to suffer imprisonment for two years each with fine and default clause.

3. The appellant, namely, Salam Mallick in CRA 18 of 2017 was convicted for the offence punishable under Section 304-(II)/324/34 of the IPC and sentenced to suffer simple imprisonment for three years with fine and default clause for the offence punishable under Section 304-(II)/34 of the IPC. The appellant also suffered punishment with simple imprisonment for two years with fine and default clause for the offence punishable under Section 324/34 of the IPC in Sessions Trial No.418 of 2009 by the learned Additional Sessions Judge, Uluberia, Howrah.

8. The de facto complainant was examined in this case as PW1. She stated in her evidence that on the date of occurrence at about 11.30/12 noon his grand-father was going to take bath. At that time accused Nazir Fakir obstructed him and abused him with filthy language. When the grand-father of the de facto complainant, namely, Amantu Fakir raised protest and asked Nazir as to why he was abusing him, Nazir asked him as to why he had cast vote in favour of CPIM. During such altercation between Amantu Fakir and Nazir Fakir other accused persons, namely, Abu Fazel Fakir, Mojehar Fakir, Salehar Fakir, Salam Mallick, Saiful Mallick, Nasir Fakir, Rausan Fakir, Sakina Begum, Asma Begum, Sahida Begum and Sahanara Begum rushed to the spot being armed with lathi and sword and assaulted him. The family members of Amantu, namely, Nader Fakir, Rustam Kajir Fakir, Afsar, Saddam Fakir, Rahima Begum, Ruksana Khatun also rushed to the spot but the accused persons assaulted them with lathi, iron rod and sword all of them sustained bleeding injury. They were medically treated in the local hospital. Amantu Fakir and Saddam Hossain were referred to Uluberia hospital. During cross examination of PW1 it was suggested that Amantu Fakir and other injured persons of this case assaulted some of the accused persons on the selfsame date at about 10.30 am and ransacked the house of the Jahangir Fakir which the de facto complainant denied PW3 Amantu Fakir is one of the injured persons. He corroborated the evidence of the de facto complainant. It is found from his evidence that on the date of occurrence at about 11.30/12 noon when he was going to take bath, Nazir Fakir prevented him and assaulted him on his head with a mugur like article (a bamboo made hammer mainly used to break chunks of earth) due to political rivalry. As a result of assault he sustained bleeding injury on his head. He raised hue and cry and immediately other accused persons came out from their house with lathi, iron rod, sword etc on their hands. Salam Mallick and Bubai Mallick also joined with the accused. The family members of Amantu Fakir also rushed to the spot to save him but the accused persons assaulted them causing bleeding injury on their persons. PW3 specifically stated that Salam Mallick assaulted Saddam Hossain with a lathi. Saddam fell down on the ground. Then Bubai Mallick and Nazir Fakir also assaulted him with a lathi and mugur like substance. The injured persons were medically treated. PW3 and Saddam Hossain were referred to Uluberia S.D Hospital. From Uluberia S.D Hospital Saddam was referred to N.R.S Medical College and Hospital, Calcutta and he succumbed to his injury. From his cross examination, it is found that accused Salam Mallick was a leader of TMC in their locality at the relevant point of time.

9. PW4 Rahima Begum is another injured witness who corroborated the evidence of PW3 in her examination in chief. She further stated that she along with others came to the place of occurrence to save Amantu Fakir from the hands of the accused persons but she was assaulted by the accused persons causing bleeding injury to her. Deceased Saddam Hossain was his son.

10. PW5 Rustam Kazi Fakir is the elder brother of deceased Saddam Hossain. In his examination in chief he stated on oath that Salam Mallick assaulted his brother Saddam Hossain with the help of a lathi. As a result of assault Saddam fell down. Then Nazir Fakir and Bubai Mallick started assaulting Saddam. Thereafter they also assaulted Afsar Ali, Nader Kazi Fakir, Ruksana and Rahima Khatun the injured persons were taken to the local hospital. After initial medical support Amantu Fakir and Saddam was referred to Uluberia S.D Hospital thereafter Saddam was referred to N.R.S Medical College and Hospital, Calcutta as his physical condition was deteriorating. On the next day, at about 10 pm Saddam succumbed to his injuries. The witness admitted in his cross examination that the accused persons also filed a criminal case against them and the said case is still pending. PW6 Jahadul Islam also corroborated the evidence of witnesses on behalf of the prosecution regarding the incident that took place on 15th May, 2008. It is found from his evidence that accused Nazir Fakir assaulted Saddam Hossain on his head with a bamboo. Saddam Hossain and Amantu Fakir received bleeding injury and they were taken to hospital. On the next date of occurrence Saddam Hossain expired at N.R.S Medical College and Hospital. From his cross examination it is found that police seized one mugur from Kalitala. The said Kalitala is at a walking distance of one or two minutes from the house of the witnesses. There are 10-15 houses in between the house of PW6 and Kalitala. PW7 Mujibor Fakir is the son of Amantu Fakir. According to him, he took his father and four injured persons to the local hospital for medical treatment. Saddam Hossain was then taken to Jhumjhumi Hospital by his mother. Amantu Fakir and Saddam Hossain were referred to Uluberia S.D Hospital. Thereafter Saddam was referred to N.R.S Medical College and Hospital where he succumbed to his injury on the next date of occurrence. He specifically stated that accused Salam Mallick assaulted Saddam on his head with a lathi.

23. I have already discussed the evidence of PW3. PW4 another eyewitness who stated on oath that hearing the hue and cry of PW3 the family members of Amantu Fakir, namely Rustam Kaji Fakir, Saddam Kaji, Rahima Begum (PW4), Nader Kaji Fakir, Sk. Afsar Ali, Ruksana Khatun came out of their house and they saw that Nazir Kaji, Abu Fazel Fakir, Mozahar Fakir, Sazehar Fakir, Rousan Fakir, Nasir Fakir, Salam Mallick, Bubai Mallick, Ashma Begum, Sakena Begum, Sahida Begum, Sahanara Begum were assaulting by PW3. When they reached the place of occurrence the said accused persons also assaulted them with lathi, iron rod and knife as a result they sustained bleeding injury. Salam Mallick assaulted Saddam Hossain on his head with a lathi as a result of which he fell down. Nazir Fakir and Bubai Mallick also assaulted Saddam with lathi. The injured persons raised hue and cry then the accused persons fled away. PW4 took Saddam Hossain to Jhumjhumi Hospital but doctor referred him Uluberia Hospital. From Uluberia S.D Hospital he was referred to N.R.S Medical College and Hospital where he succumbed to his injuries on the next day. PW4 Rahima Bigum is the mother of Saddam Hossain. This Court does not find any reason to disbelieve the evidence of PW4 on the ground that due to political rivalry PW4 would implicate some persons other than the real culprits who caused death of her son. The evidence of PW5 also corroborates on all material particulars the evidence of PW3 and PW4. In his examination in chief he stated that seeing the accused persons assaulted Amantu Fakir, he first rushed to the spot but Nazir Fakir assaulting him on his back with a sword. Blood stain sword was recovered from the place of occurrence by PW14. It is true that the said weapon was not sent to the forensic science laboratory for examination, but for this reason, the evidence of Rustam Kaji Fakir cannot be discarded. PW6 Jahadul Islam is a disinterested witness of the locality. He supported the prosecution case in all material particulars. PW7 Muzibor Fakir is the son of PW3 Amantu Fakir. He is an eyewitness and corroborated the evidence of the injured witness. PW8 Kaji Abdul Kader proved the seizure list of a mugur made of bamboo, one knife, one blood stain scarf (orna) and one stripe lungi from the place of occurrence in his presence.