CHATU Vs. STATE

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated 27.7.2007 passed by the learned Additional District & Sessions Judge, 3rd Fast Track Court at Berhampore in Sessions Trial No. 865 of 2003 whereby the learned Judge convicted the appellants for offences punishable under Section 302 read with Section 34 IPC under Section 235(2) CrPC. Accused Faizuddin was not found guilty of the charge under Section 302/34 IPC. Five convicts viz. i) Chatu Sk., ii) Alahaque Sk., iii) Majibar Sk., iv) Sahajamal Sk. and v) Abu Kalam Sk. were sentenced to life imprisonment and to pay a fine of Rs. 500/- I.D. to S.I. for one month. Accused Faizuddin was, however, acquitted of the charge under Section 302/34 IPC.

(2.) The facts and circumstances emerging from the FIR may be summarized as under:

(3.) On the basis of the said FIR, Nowada P.S. Case No. 53/97 dated 6.9.97 under Section 302 IPC was started against all the six persons as named in the FIR. The case was endorsed to S.I., S. Nandy for investigation. In course of the investigation, the I.O. visited the P.O. and recorded the statement of eyewitnesses collected the postmortem report of the deceased and also recorded the statement of the witnesses during investigation. On completion of investigation, the I.O. submitted charge-sheet under Section 302/34 IPC against all the six accused persons. All the accused were asked to answer the charge under Section 302/34 IPC which reads as under: