IN RE : MASIRUL SK Vs. STATE

JUDGEMENT

(1.) The appellant in CRA 789 of 2015 has filed the present application being CRAN 4 of 2019 (old CRAN No. 3559 of 2019) for suspension of sentence imposed by the learned court below that has convicted him of offences under Sections 302/34 of the Indian Penal Code. The learned court below has imposed the sentence of rigorous imprisonment for life with fine of Rs.10,000/-, in default, to suffer imprisonment for six months.

(2.) The prosecution case is that there was a long standing dispute in between the accused persons and one Rabban Ali.

(3.) On 8th June, 2012 at about 8 a.m. the accused persons set fire in the jute stacked in the house of Rabban Ali in a pre-planned way and when Rabiul Islam raised protest against such act, an altercation took place and at that time the third accused, namely, Rafika Bibi handed over a hasua to the first accused, namely, Tojammel Haque and the second accused, namely, Masirul Sk., being the appellant herein caught hold of the victim and then Tojammel Haque gave several blows to the victim with hasua and the victim ultimately succumbed to his injuries.