ISRAFIL HAQUE SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant two appeals arise out of a common judgement of conviction dtd. 6/10/2007 and order of sentence dtd. 8/10/2007 as passed by the Learned Additional District and Sessions Judge, 3rd Fast Track Court, Berhampore, Murshidabad, in Sessions Trial no. 18/April/2007 arising out of Sessions Serial no. 343/2007 whereby and whereunder the said court by the impugned judgement found both the accused persons namely; Rafiqul Sk. and Israfil Haque Sarkar @ Sk. guilty for committing offence under Ss. 302/34 IPC and by the impugned order of sentence dtd. 8/10/2007, sentenced both the convicts to suffer imprisonment for life and to pay fine of Rs.500.00 i.d to suffer S.I for one month each with a direction that the period of detention shall be set of under Sec. 428 Cr.P.C.

(2.) Convict Rafiqul Sk. felt aggrieved and thus preferred the Criminal Appeal no.439 of 2008. Similarly Israfil Haque Sarkar @Sk. also felt aggrieved with the impugned judgement and order of sentence and thus preferred Criminal Appeal no.02 of 2008.

(3.) Since both the aforementioned two appeals have arisen out of the self same judgement and order of sentence, we propose to dispose of both the appeals by a common judgement.