HUSSAIN SK Vs. STATE

JUDGEMENT

(1.) The appellants were tried by the learned Assistant Sessions Judge, Alipore, with the aid of a jury on a charge under Section 304, Penal Code read with Section 34, Penal Code. The jury returned a unanimous verdict of guilty against both these appellants under Section 304 Part II, Penal Code. In accordance with that verdict the learned Judge convicted these appellants under Section 304, Penal Code and sentenced each of them to undergo rigorous imprisonment for five years.

(2.) It may be mentioned that another person named Fani Mondal was also tried along with these persons on the same charge and the Jury returned a unanimous verdict of guilty against him under Section 324, Penal Code and in accordance with that verdict he was convicted and sentenced to rigorous imprisonment for two years. He is not one of the appellants before us,

(3.) The prosecution case was that on 29-3-1950, when Nani Haldar was seated along with these two appellants and one Fani Mandat near, the house of one Sabur Ali, Nani Haldar demanded payment of the monies due to him and during the altercation which ensued Karam Shaikh alias Karam Ali, Hussain Sheikh and Fani Mandal struck him with the hesuas in their hands. A large number of injuries were. inflicted as a result of which Nani Haldar died. Shortly after the occurrence Nani Haldar was discovered lying there in a moribund condition. He received medical attention and it was said that he was able to name his assailants. The defence of the accused who pleaded not guilty was that they were falsely implicated in the case because of their enmity with certain persons including one Bajesh.