MD. AKRAM Vs. STATE

JUDGEMENT

(1.) THESE two appeals one at the instance of Md. Akram alias Akram and the other at the instance of Arun Kumar Dey alias China Bagha alias Sk. Bagha and Md. Akram arise out of an order of conviction and sentence passed by the learned Additional Sessions Judge 2nd Court, Alipore under Section 302/34, I. P. C.

(2.) THIS judgment shall govern both the appeals.

(3.) THE prosecution case, in brief, is as follows: On 29 -3 -1980 at about 9/30 P.M. the complainant Sachin Kolay along with some of his friends were gossiping near the crossing of the two roads aforesaid. The victim Uday and Mahadeb were talking at a distance of about 7/8 cubits , in front of a shop known as 'Gopal Stores'. Suddenly the attention of the informant was drawn to the sound of an object falling in front of them. They noticed that the accused Akram clasped Uday while the accused China Bagha struck him with a knife on the neck. Immediately thereafter the accused persons crossed Vivekananda Road and ran towards Ward Institution Street. Two other boys were standing nearby also followed them. Dulal raised alarm and hurried to the place where Uday was assaulted. Uday stood with his hand at the throat and blood was trickling down through his hand. The elder brother of Uday namely, Dilip who was present at a nearby dispensary rushed out to the place of occurrence. He put off his Punjabi and placed it at the site of the wound. Dulal, Shibaji and Panchkari also came there after making a brief and futile chase of the accused. The victim, stated to the persons present that he was assaulted by China Bagha. A taxi was called and the victim was removed to the Medical College Hospital where he was declared dead. Sachin came back from the Hospital and went to the Police Station to lodge the information. F. I. R. was recorded on the basis of his statement and Manicktola P.'S. Case No. 38 dated 29 -3 -1980 was started. The police Officer took up the investigation and visited the place of occurrence. He examined witnesses and searched for the accused persons. Thereafter, he went to hospital held inquest on the dead body and arranged for postmortem examination. Subsequently accused persons were forwarded to the Court for recording confessional statement and China Bagha made a statement before the Magistrate which was duly recorded. On the prayer of the I. O. a T. I. parade was held in respect of the accused Bejoy. Finally. charge -sheet against the accused persons was submitted on 19 -7 -1980.