GAZI MOLLA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appellants have assailed the judgment and order dtd. 19/5/2006 and 20/5/2006 passed by the learned Additional Sessions Judge Berhampore at Murshidabad in Sessions Trial No. 4(9)/2004 arising out of Sessions Serial No. 433 of 2004 convicting them for commission of offence punishable under Ss. 302/34 of the Indian Penal Code and sentencing them to suffer imprisonment for life and to pay fine of Rs.10,000.00each in default to suffer simple imprisonment for one year more.

(2.) Prosecution case as alleged against the appellants is to the effect that on 27/7/1996 around 10 a.m. one Kajem Molla, the deceased was proceeding towards Nazipur High School along with his younger son Safikul Molla (PW 6) on a bicycle. Basir Molla (PW 1), his elder son along with his friend Tajemuddin Sk (PW 8) was proceeding behind them on another bicycle. When Kajem reached near the house of Manjur Molla (appellant No. 2 herein), his son Firajul Molla rushed inside the house. Thereafter Manjur Molla and his brother Gazi Molla came out of the house and caught hold the bicycle of his father. Manjur had pasli in his hands. At that time the other appellants, namely, Golam Molla, Uklam Molla, Rustam Molla, Soleman Molla, Sariful Molla, Sahidul Molla, Islam Molla, Asan Sk and Seher Sk came out and attacked Kajem in order to kill him. Golam threw a bomb. Kajem fell down. Then Gazi and Kalam threw bombs at him. As a result, Kajem died. Golam also suffered injury due to throwing of bombs.

(3.) On the written complaint of PW 1 criminal case being Domkal PS case no. 88/96 dtd. 27/7/96 was registered under Sec. 302/34 of the IPC and Sec. 3/4 of the Explosive Substances Act against the appellants and one Firajul Molla, son of Manjur. Upon conclusion of investigation, charge sheet was filed against the said accused and one Rejaul Islam. Charges were framed against them under Sec. 302/120B/34 of the IPC and Sec. 3/4 of the Explosive Substances Act. Accused pleaded not guilty and claimed to be tried.