SK. ALAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order of conviction dtd. 29/1/2015 and 30/1/2015 passed by the Ld. District and Sessions Judge, Bolpur, Birbhum in Sessions Trial No. 1 (August) of 2014, arising out of Sessions Case No. 67 of 2013 convicting the appellants under Sec. 302 of the Indian Penal Code and sentencing them to suffer imprisonment for life and to pay fine of Rs.5,000.00 each.

(2.) Prosecution case alleged against the appellants is to the effect that on 20/9/2009 at about 1 pm, residents of Lalpool, Line Par namely Sk Alam, his wife Afroza Bibi, his elder daughter-in-law Sakina Bibi, son Nayeem Sk and Nazir Molla, son of Late Raghu Molla, Bapi Sk, Sk Tinku and others called the victim Sk Asif alias Babunia, to the house of the aforesaid Sk Alam intending to murder him out of grudge and malice. The complainant's wife, sister and mother-in-law hastened to the house of Sk Alam as a result of the clamour and saw Sk Alam and others as aforenamed assaulting his son with deadly weapons screaming to kill him vociferating that the victim cannot be allowed to live. The complainant's wife, sister and mother-in-law implored for his son's life but in vain. They too were hurt and in their presence the victim was killed. The complainant learnt about the incident on his return to home. He prayed for the punishment of the miscreants who had brutally murdered his son in presence of his mother, sister and grandmother. The complaint was scribed by Sk Selim dictated by the complainant Sk Abul duly signed by Sk Selim and Sk Nazrul.

(3.) Based on the aforesaid written complaint Bolpur PS case No.163/09 dtd. 20/9/2009 was registered under Ss. 302/34 against Sk Alam, son of Late Khudu Sk, Afroza wife of Sk Alam , Sakina Bibi, Nayeem Sk son of Sk Alam, Nazir Molla son of Late Raghu Molla, Bapi Sk son of Karim Sk, Sk Tinku Son of Sk Sattar and others. Investigation ended in the submission of the chargesheet on 18/12/2009. Charge was framed against Sk Alam, Nayeem Sk, Sakina Bibi, Sk Tinku, Sk Sabir and Afroza Bibi to which they pleaded not guilty and claimed to be tried on 11 th August, 2014.