FAIAZ ALIAS FAIZ Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These three criminal appeals, viz., C.R.A. No. 273 of 2002, C.R.A. No. 274 of 2002 and C.R.A. No. 341 of 2002 are arising out of a common judgment and order passed in connection with a sessions trial held before the learned Judge, City Sessions Court, II Bench at Calcutta.

(2.) In the said trial the Appellants Md. Faiaz @ Faiz, Md. Nawsad @ Pappu, Md. Salim @ Negro Salim, S.K. Raju @ Raju and another Rafi Ahmed @ Chorta Rafique were convicted under Sections 302/34 of the Indian Penal Code for intentionally causing death of one Sakil Ahmed @ Lala and sentenced to suffer imprisonment for life and to pay fine of Rs. 3,000/- and in default to suffer rigorous imprisonment for six months. They were also convicted under Sections 307/34 of the Indian Penal Code for attempting to commit murder of one Salim Ahmed and sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 3,000/-, in default to suffer rigorous imprisonment for six months.

(3.) The aforesaid trial is an outcome of a First Information Report registered at the Taltala Police Station being Taltala Police Station Case No. 404, dated 14.10.1988, under Sections 302/307/34 of the Indian Penal Code. The said FIR was lodged by P.W. 3 Md. Salim Ahmed, who also sustained injuries in the selfsame incident in which his brother Sakil Ahmed @ Lala was killed. The case of the informant as transpires from the First Information Report is as follows;