SAMBHUNATH ADHIKARI Vs. STATE OF W B

JUDGEMENT

(1.) This Appeal is directed against the judgment and order dated 28.4.1989 of the 7th Court of Additional District and Session Judge, Alipur in Session Trial Case No. 3 (3) of 1989. The learned trial Court convicted Sambhunath Adhikari and Biswanath Hui alias Wheel Hishu under section 302. Indian Penal Code read the section 34 and sentenced them to imprisonment for life and to pay a fine of Rs. 1,000\- (Rupees one thousand) each in default to suffer rigorous imprisonment for further period of 6 (six) months.

(2.) The facts have been detailed in the judgment of the trial Court but for appreciation of the facts in the Appeal, we give a brief resume of the facto.

(3.) The fateful incident took place on 26-11985 at or about 2.30 a.m. in the mid-night on the Saraswati Puja eve. It has been highlighted in the evidence that Sekhar Das (P.W. 17), Tarak Roy (P.W. 20) besides the deceased, after purchase of the Idol proposed to visit the prostitutes of Tablagali at Kalighat Road. To fulfil their desired objective, they went to Tablagali during that night. There was a wrangle between the prostitutes in one hand and the deceased on the other over the rates. In the midst of such a wrangle over the issue, three armed persons broke out in that particular area. Two of them caught-hold of Gajanan Chakraborty and Badal Das and Sambhu dealt the dagger blows on Gajanan and Badal. However, they tried to flee in vain but their other comrades Sakhar and Tarak managed to flee from the situation after being chased.