HARMESH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment dated 13.4.1994 passed by the learned Sessions Judge, Malda in session case No. 36 of 1989 convicting the two appellants, namely, Jalaluddin and Aminul Islam under Section 302/34 I.P.C. and sentencing them thereunder to suffer imprisonment for life and a fine of Rs. 5,000/- and in default to suffer rigorous imprisonment for further six months.

(2.) The case in short is that on 12.2.88 at or about 9.05 a.m. P.W.1 Arefa Bibi lodged a written complaint before the Officer-in-Charge of Kaliachak P.S. alleging, inter alia, that on that very day at about 6.30 a.m. in the morning her co-wife Saheya Bibi held informant and her family members responsible for theft of some money though the said money was recovered later on in her own house. On this issue there was some altercations between the appellant No. 1 Jalaluddin and others. When Ashu Sk. (since deceased) being the husband of the informant was passing through kachha road near the house of Jalaluddin and Mannu, Aminul Haque, Ziel Haque and Safiqul Haque and after surrounding him Ziel Haque and Amimul Haque began to assault the deceased Ashu Sk. severely with sharp cutting hasua on different parts of the body of the deceased, Safiqul and the appellant No. 1 caught hold of the deceased and the deceased fell down on the road with grievous injuries. Later on, the deceased was shifted to Silampur Hospital for treatment. Thereafter, the deceased was shifted to Malda Sadar Hospital for better treatment. On the basis of this complaint an F.I.R. was registered at the Kaliachak P.S. under Section 326/34 I.P.C. As the deceased subsequently succumbed to his injuries, Section 304 I.P.C. was also added in this case.

(3.) After usual investigation police submitted a charge-sheet against the appellants and other accused persons under Section 304/34 I.P.C. Thereafter the case was committed to the Court of the learned Sessions Judge, Malda.