LALASK ALIAS LALAUDDIN Vs. STATE

JUDGEMENT

(1.) : This is an appeal against an order of conviction under Sec. 302 of the Indian Penal Code sentencing the appellant to suffer imprisonment for life by the learned sessions Judge, Malda in Sessions Trial No 19 of 1981.

(2.) THE prosecution case may be briefly stated thus. At about mid-day on September 14, 1977 the victim Marjen ali went to a field known an battali Field along with his uncle Nurshed for collecting fuel wood. They collected some dry plants of maize from the field, and for the purpose of tying those plants into bundle some jute was collected from the land of the accused Lala Sk. Thereafter while they were coming they met Lala on the" way. The accused enquired of marjen and Nurshed as to wherefrom they had collected the jute. Marjen admitted having taken it from the land of the accused. The accused then took Marjen to his land and directed him to show the place wherefrom the jute was taken. On the place being shown the accused Lala Sk. became infuriated. He had a hasua in his hand and he started hitting Marjen with the hasua. Marjen fell down while Nurshed fled away from the scene out of fear and ran towards his house while shouting that Lala Sk. had murdered Marjen. Getting the information from Nurshed, marjen's grand-father Ettaj Ali and some other members of the house as also some villagers rushed towards the filed. Going there they found Marjen lying in a pool of blood and already dead. Some of the witnesses saw the accused fleeing away towards the west with a bloodstained hasua in his hand. It is also the prosecution case that the accused threatened the persons who chased him and subsequently washed the hasua and his wearing garments in a nearby pond and thereafter he was taken towards his home by his brother Taleb Sk.

(3.) INFORMATION as to the occurrence was lodged at the police station at bout 16. 15 hrs. on the very same day by ettaj Ali (P. W. 1 ). The police on arrival to the house of the accused found him inside a locked room while the hasua was recovered from another room of the house. After completion of investigation the police submitted charge sheet against the accused appellant as also Taleb Sk. the former under Sec. 302 i. P. C. and the latter under Sec. 201 I. P. C. Before the learned Sessions Judge there being no material as against taleb 9k. under Sec. 201 I. P. C. the trial proceeded against the appellant alone under Sec. 302 I. P. C. while the other accused was discharged.