SUKUR ALI MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal challenged judgement and order of conviction dtd. 26/9/2022/28/9/2022 passed by Ld. Additional Sessions Judge, 2nd Court, Serampore, Hooghly in connection with Sessions Case no. 85 of 2001(Sessions Trial No. 03/ 22) corresponding to Chanditala Police Station Case No. 339 of 2021 dtd. 2/9/2021 under Sec. 302/34 of the Indian Penal Code, 1860 (hereinafter referred to as IPC), whereby Learned Judge, found appellants/accused guilty of committing offence under Sec. 304 part II read with Sec. 34 of the IPC and sentenced them to suffer rigorous imprisonment for a period of seven (7) years each and to pay fine of Rs.25,000.00 each in default, to suffer simple imprisonment of one(1) year.

(2.) On 2/9/2021 at about 23.45 hours one Mofijul Rahaman, son of late Riyal Hoque of Vaduya, Jalamadul, Dhobapara under Police Station Chanditala, lodged a written complaint alleging, inter alia, that on 2/9/2021 at about 7.30 p.m. Sk. Rejaul Haque, brother of complainant, on his way to home from Domjur, stopped at the tea stall of Kashem. Appellants/accused was also present in that shop. Quarrel took place between the appellants and said Sk. Rejaul Haque with regard to some accounts. Appellants/ accused assaulted Sk. Rejaul Haque with slap and blows in order to kill him. Sk. Rejaul became unconscious and fell down. Local people remained over there took Sk. Rejaul Haque to Chanditala Rural Hospital where doctor declared him dead. Complainant believed that his brother died of assault by the appellants/accused.

(3.) On receipt of that written complaint, Chanditala Police Station Case no. 339/21 dtd. 2/9/2021 under Sec. 302/34 IPC. The case was investigated by Sub Inspector Subal Kumar Biswas (PW10). During investigation he visited place of occurrence, prepared inquest report with sketch Map and prepared seizure list of full pant of Sk. Rejaul Haque since deceased. On his transfer he handed over the case diary to the officer in-charge of Chanditala, Police Station. Thereafter, Sub Inspector Sujit Kumar Roy (PW9) submitted charge sheet under Sec. 302/34 of the IPC after obtaining permission from superior officer.