OMAR ALI MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this Criminal Appeal, the judgment of conviction and sentence dated 17.05.94 and 19.05.94 respectively passed by the learned Additional Sessions Judge, 3rd Court, Barasat, 24 Parganas (North) in Sessions Trial No. 2(12) 93 is under challenge. By the impugned Judgment, the learned Trial Judge convicted accused Omar Ali Mondal (in short Al) under Section 376 IPC. Both the co-accused Sadak Ali Mondal (in short A2) and Abdullah Mondal (in short A3) were, however, found not guilty of the charge under Sections 376/34 IPC. All the three Appellants viz Omar Ali Mondal, Sadak Ali Mondal and Abdullah Mondal were convicted under Sections 302/34 IPC. Learned Trial Court sentenced the convict Appellant (Al) to undergo R.I. for 7 years and also to pay a fine of Rs. 2,000/- in default whereof to suffer R.I. for one year more for commissions of an offence under Section 376 IPC, while the rest 2 convict Appellants namely A2 and A3 were acquitted of the charge under Sections 376/34 IPC since the said charge was not proved against them. All the three convict Appellants were, however, sentenced to rigorous imprisonment for life each and also to pay a fine of Rs. 5,000/- each in default whereof to suffer R.I. for 2 years more. Both the sentences in case of Al are to run concurrently.

(2.) Back ground facts as unfolded in the FIR may be capsulized as under:

(3.) On the basis of the said FIR, Habra P.S. Case No. 312 dated 11.08.1989 under Sections 302/34 IPC was registered for investigation against A1 and Kalo.