ZIAUL HAQUE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this appeal the judgement of conviction dtd. 2/12/2006 and the order of sentence dtd. 4/12/2006, as passed by the Learned Additional District and Sessions Judge, 3rd Fast Track Court, Bichar Bhavan, Calcutta, in connection with Sessions Trial No.1 of January, 2003 arising out of Sessions Case no. 58 of 2002 has been impugned. By the impugned judgement learned trial court found the appellant guilty under Sec. 302 IPC and thus convicted and sentenced him to suffer R.I for life and to pay fine of Rs.5000.00 i.d. to suffer further R.I for one year. The convict of the said trial felt aggrieved and thus preferred the instant appeal.

(2.) For effective disposal of the instant appeal the facts leading to initiation of the aforesaid sessions trial is required to be discussed in a nutshell.

(3.) One Ibrar Chowdhury @ Tinku of 6/14 Nilmani Halder Lane, Kolkata-700013 gave a statement on 16/1/2002 to one Partha Sarathi Mukherjee (PW15), S.I of Taltala Police Station to the effect that his father Farookh Chowdhury is the owner of a hotel namely 'Sanjar Guest House' at 6/25 Nilmani Halder Lane and the said hotel was a three storyed building having 20 rooms therein; nine rooms on the first floor and eleven rooms on the second floor. It was the further version of the informant that on the said day at about 4:30 p.m one Md. Idris (PW5) who was a room service boy of the said hotel rushed to him from the second floor when the informant was sitting in the ground floor at the reception of the said hotel and informed in a tensed condition that he (Md. Idris-PW5) had heard an alarm of a person as well as sound of scuffle from room no.202 on the second floor. It has been stated further by the informant that immediately thereafter the informant, the said Idris and another room service boy, Benajir (PW4) rushed to room no.202 on the second floor and noticed that the door of the said room was closed. It was his further version that thereafter they pushed the door and it was opened then and then and at that time they noticed that one of the boarders of the said room viz; Ziaul Haque was sitting on the cot of the said room with a blood smeared knife and another boarder namely; Rafiqul Haque was lying on the floor of the said room in a pool of blood. It was his further version that immediately thereafter seeing the informant and the other two room service boys the said boarder, Ziaul Haque threw the knife on the floor and said that he had murdered his younger brother and thereafter he (the assailant) made an attempt to flee away from the said room. The informant pushed him inside the room and locked the door from outside by hatch bolt and thereafter after coming to downstairs, informed Taltala Police Station regarding the said incident.