SK. ANARUL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 30.7.2014 and 31.7.2014 passed by the learned Additional Sessions Judge, Bolpur, Birbhum in Sessions Trial No.2 (June), 11 arising out of Sessions Case No.67 of 2010 convicting the appellant for commission of offence punishable under Sections 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs.5,000/-.

(2.) Prosecution case, as alleged, against the appellant is to the effect that on 12.11.2007 appellant had kept fertilizer on the land of Sk. Keramat (P.W. 6). When Sk. Keramat requested the appellant to remove the fertilizer a quarrel ensued amongst themselves around 1:00 p.m. In the course of quarrel, other accused persons arrived at the spot being armed with various weapons and attacked Sk. Keramat. Wife and son of Sk. Keramat (P.W.s 9 and 2), his brother Sk. Samsul (P.W. 1), his son (P.W. 8) and wife (the deceased) rushed to the spot to help Keramat. A free fight ensued. Sk. Samsul and others suffered injuries. In the course of fight, appellant assaulted Manora Bibi, wife of Sk. Samsul, with a sabal on the head resulting in her death. Samsul and others were treated at Illambazar Primary Health Centre and thereafter at Bolpur Sadar Hospital. On the written complaint of Samsul, Illambazar Police Station Case No.83 dated 12.11.2007 under Sections 147/149/323/325/304/308 of the Indian Penal Code was registered against the appellant and seven others viz., Sk. Montu, Sk. Jhanai, Sk. Amirul, Sk. Ayas, Sk. Dukhlal, Mohana Bibi and Najma Bibi. In conclusion of investigation, charge sheet was filed in the instant case and case was committed to the Court of Sessions and transferred to the Court of the Additional Sessions Judge, Fast Track Court, Bolpur, Birbhum for trial and disposal. Charges were framed under Sections 148, 326, 302/149 of the Indian Penal Code.

(3.) In the course of trial, prosecution examined 16 witnesses and exhibited a number of documents. Defence of the accused persons was one of innocence and false implication. In conclusion of trial, trial judge by judgment and order darted 30.07.2014 and 31.07.2014 convicted and sentenced the appellant, as aforesaid. By the selfsame judgment and order, however, other accused persons were acquitted of the charges levelled against them.