MOSTAFA SK. Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 22.12.2009 and 23.12.2009 respectively passed by the learned Additional Sessions Judge, 4th Fast Track Court at Jangipur, District Murshidabad, in Sessions Trial No. 201/May/2009 (Sessions Case No. 07/2009). By the aforesaid judgment learned Trial Court convicted the Appellants Mustafa Sk. alias Mustu Sk. and Nasir Sk. alias Nasiruddin to the charge under Section 302/34 of the Indian Penal Code hereinafter mentioned as I.P.C. and sentenced them to suffer life imprisonment each and also to pay fine of Rs. 5,000.00 (rupees five thousand only) I.D. to suffer further R.I. for one year each. Learned Trial Court acquitted the Appellants of the charge under Section 379/34 I.P.C. for want of adequate evidence.

(2.) One Mahiruddin Sk. son of Oresh Ali Sk. of village Mahisasthali under P. S. Samsargange, District Murshidabad, submitted a written complaint at Samsergange P.S. and narrated therein that on 23.05.1990 in the morning, while he was returning home from Dhulian market, on the way, at about 10.00 a.m. he met his maternal uncle Mosu Sk. who was also returning home carrying some quantum of rice and Bidi leaves etc. on a bicycle and after sometime someone informed Mahiruddin Sk. that Mosu Sk. had been killed and the dead body was lying in a field. After such information Mahiruddin searched for Mosu Sk. and found Mosu Sk. lying seriously injured in a land by the side of a Mango Orchard nearby and on asking Mosu Sk. reported that he had been assaulted by Mostu alias Mustafa, Najrul Sk. Nasir Sk. and one unknown person and within a short period thereafter Basiruddin, the grandfather of Mahiruddin, came to the spot and within a few minutes thereafter Mosu Sk. died on the spot. On the basis of such written complaint by Mahiruddin Sk., Samserganj P.S. Case No. 53/1990, dated 23.05.1990 under Section 302/34/379 I.P.C. had been started against the Appellants and one Najrul Sk. and after completion of investigation charge-sheet under Section 302/379/34 I.P.C. had been submitted against those accused persons. Accused Najrul Sk. died before the commitment of the case.

(3.) After commitment the case had been transferred to the Court of learned Additional Sessions Judge, 4th Fast Track Court at Jangipur, Murshidabad for trial. Considering the materials collected during investigation charges under Section 302/34 and 379/34 I.P.C. had been framed against the present Appellants. The Appellants denied the charges, pleaded their innocence and claimed trial.