MAJID MONDAL Vs. STATE

JUDGEMENT

(1.) This appeal by Majid Mondal and Ajmira Bibi (husband & wife) is directed against the judgment and order of conviction dt. 18.7.98 and the sentence imposed on 20.7.1998 by the learned Sessions Judge, Nadia in Session Trial Ko. IV of March, 1998 (Session Case No. 21 of December, 1997) arising out of G.R. Case No. 104/96 (Haringhata P. S. Case No. 36 of 1996 dt.11.3.1996). By the said judgement, the learned Sessions Judge found both the appellants guilty under section 302/34 of the IPC and convicted them thereunder and sentenced each of them to suffer imprisonment for life and also to pay a fine of Rs.2000/-, in default, to undergo further R.I. for a period of two years.

(2.) The prosecution case in brief is that one Khayer Mondal (P.W.1) at about 08.15 hours on 11.3.96 handed over a written complaint to the Officer-in-Charge, Haringhata Police Station, District-Nadia alleging that in the night of 10/11 day of March, 1996 at about 4.30 a.m. hearing hue and cry from the house of Majid Mondal, he along with villagers rushed to -the spot and found that his second brother Abul Basar Mondal (aged about 257 26 years) lying dead inside the room of Majid Mondal with bleeding injuries. It is also indicated in the written complaint that the victim Abul Basar Mondal occasionally used to visit the house of Majid Mondal and he had amorous relation with the wife of Majid Mondal. It was also indicated that there was a monetary transaction between Majid Mondal and the victim Abul Basar Mondal. It is further indicated that in that fateful night, the victim Abul Basar Mondal went to the house of Majid Mondal for having illicit relation with Ajmira Bibi wife of Majid Mondal. The appellant Majid Mondal came to know about the affair and out of anger he and his wife assaulted Abul Basar Mondal with sharp cutting weapons on different parts of his body as a result of which the victim fell on the floor of the room and succumbed to his injuries. On the basis of this complaint, a formal FIR was filed in and the case was started.

(3.) In course of investigation, the police visited the place of occurrence, seized weapons of offence, like one blood stained 'Dao' and one blood stained 'Spade' and other items. After inquest report, the dead body was sent for post-mortem examination. On completion of investigation chargesheet was filed against both the appellants under section 304 of the IPC.