JAMIRUDDIN MOLLA Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the conviction and sentence of the appellant under S.304, Part 11 for which he was sentenced to rigorous imprisonment for five years and to pay a fine of Rs. 1,000/- in default to suffer rigorous imprisonment for six months.

(2.) Shortly stated the prosecution is that on 30th Asar 1388 B. S. corresponding to I 5/07/1981 in the evening at about 7/ 7-30 p.m. the accused persons were sitting at a tea-stall belonging to P.W. 1 Kishori Mohan Dey situated by the side of Arindapara Road, Khairamari. At that time a quarrel was going on between Tajer and Khairul. In course of such quarrel the deceased Khalil came to the tea-stall from the field. As soon as Khalil came to the tea-stall, Khairul asked his associates, namely, the other accused persons of this case, to assault Khalil, Khalil started fleeing away, but he was chased by the accused persons and caught hold of. He was brought to the tea-stall and tied up with a rope and then the accused persons started assaulting him with deadly weapons. In course of such assault accused, Jamaruddin assaulted Khalil with a sword on his abdomen and as a result thereof he sustained a severe incised injury on his abdomen and he fell down on the ground. He was removed to Berhampore Hospital and was admitted there for treatment. On 4-8-81 he succumbed to his injuries. In the meantime, Aklema Khatun, niece of the deceased, lodged an F.I.R. alleging the incident and on the basis of that F.I.R. a case under Ss. 147/148/149 and 326, I.P.C. was started against the accused persons. After the victim died in the hospital, S. 304,I.P.C. was added into this case. Investigation of the case was taken up by the Police forthwith and after investigation of the case the police submitted charge-sheet against all the accused persons under section amongst other Ss. 304/ 34, I.P.C. After the case was committed to this Court for trial a charge u/ss. 304/34,I.P.C. was framed against all the accused persons to which they pleaded not guilty and claimed to be tried.

(3.) These persons were charged under Ss.304/34,I.P.C. but apart from the appellant before us all these persons were found not guilty and were acquitted.