JOYNAL ABEDIN SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is directed against the judgment of conviction and sentence passed by learned Additional Sessions Judge, 3rd Court, Krishnanagar, Nadia, sentencing each of the Appellants, namely, Joynal Abedin Shaikh, Anwar Shaikh @ Anarul Shaikh, Jan Mahammad Shaikh, Asraf Shaikh and Hafiz Shaikh to suffer life imprisonment and to pay fine of Rs. 5,000/- i.d to suffer rigorous imprisonment for one year under Section 302/34 of the Indian Penal Code. They are also sentenced to suffer simple imprisonment for three years with fine of Rs. 2,000/- each i.d to suffer further simple imprisonment for one year under Section 148 IPC.

(2.) Prosecution case in short may be depicted as follows:

(3.) Upon receiving the FIR, Officer-in-Charge, Karimpur Police Station started Karimpur Police Station case No. 263/94 dated 9th September, 1994 under Section 302/34 IPC against the accused persons. The case was taken up for investigation and finally on completion of investigation, Investigating Officer concerned submitted Charge sheet under Section 302/34 IPC against all the present five accused persons and three others, namely, Ali Hossain, Majibar Shaikh and Tajimuddin Shaikh, since deceased.