AINAL MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE instant appeal is directed against the Judgment and Order of conviction passed in Sessions Trial No. 9(1) 2003 and Sessions Case No. 40(7) 2002 passed by the learned Additional Sessions Judge, 4th Court Nadia on 29th day of January, 2005 holding the appellants/accused persons guilty of offence punishable under Section 302/34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life and also to pay a fine of Rs. 2000/ - each, in default to suffer Rigorous Imprisonment for 6 months for commission of offence punishable under Section 302/34 of the Indian Penal Code.

(2.) PUT in a short frame the prosecution case runs as under:

(3.) PURSUANT to said written complaint, Thanarpara P.S. Case No. 97/01 dated 23.12.2001 under Section 302/34 of the Indian Penal Code, was initiated against the present accused persons and also against Doat Mollah, Halim sheikh and Ichhu Sheikh. On completion of investigation, charge sheet was submitted against all those six accused persons under Section 302/34 of the Indian Penal Code. Accordingly trial started and after completion of trial learned Additional Sessions Judge 4th Court, Nadia held the 4 accused persons namely Ainal Mondal, Saiful Mondal, Sirfatul Mondal and Arfatul Mondal guilty for the offence punishable under Section 302/34 of the Indian Penal Code and convicted them as aforesaid.