RASHID SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is at the instance of a convict and is directed against a verdict of guilt dated November 21,1998 and the consequent sentence imposed on 26th November, 1998, by the Additional Sessions Judge, 2nd Court, Murshidabad by which the appellant has been found guilty on the charge under section 302 of the Indian Penal Code and has been sentenced to life imprisonment in addition to a fine of Rs. 5000/- and in default of payment, to a further rigorous imprisonment for six months.

(2.) The appellant along with eleven others were indicted, inter alia, for committing murder of one Safatulla Sk. On the basis of allegations made in the FIR, charges under sections 148/149/302 read with section 34 of the Indian Penal Code were framed against all the accused persons. Two of them, however, died during the pendency of the proceedings.

(3.) The case made out by the prosecution may be summed up thus: On 12th August, 1991, at about 7 a.m., the de facto complainant, viz. Fareshtulla Sk., being accompanied by his brother, Safatulla Sk., the victim, went to the house of one Kabatullah Sk., another brother of the deceased, for the purpose of taking buffaloes belonging to. Kabatulla in order to plough up their agricultural lands. At that point of time, all the accused persons trespassed into the courtyard of the house with hensua, satar, bomb, pipe gun etc. No sooner had the victim seen those accused persons, than he tried to run away towards the staircase when the present appellant shot him from his musket in front of the staircase on his back side. Due to such gunfire, the deceased died on the spot. The informant of the aforesaid incident, namely, Fareshtulla Sk., also sustained bleeding injury on his right arm and right side of the chest from the bomb hurled towards him.