JIARUL MALLICK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The judgment and order of conviction and sentence under Section 302 passed on 30.07.2008 and 31.07.2008 by the learned Additional Sessions Judge, Fast Track Court-II, Krishnanagar, Nadia, in Sessions Trial No.- IV of August 2007 (Sessions Case No. 13th of July, 2007) finding thereby the Appellant guilty of the offence punishable under Section 302 I.P.C. and sentencing the Appellant to suffer imprisonment for life and to pay a fine of Rs. 5,000.00 (rupees five thousand only) I. D. to suffer R. I. for one year, is under challenge in the present appeal.

(2.) The prosecution's case stated in brief, is as follows:-

(3.) On 25.02.2007 one Abul Sheikh of village Haripurpara under P. S. Kaligaunge, District Nadia, submitted a written complaint at Kaligaunge Police Station and stated therein that on that very day at about 05.30 p. m. in the evening, when he was present in the house of Siraj Mallick, the father-in-law of his son, he found the Appellant assaulting the said Siraj Mallick and Siraj Mallick's wife Haziba Bibi with a 'Ram-Dao', in the courtyard of the house of the said Siraj Mallick. The assaults were so serious that Siraj Mallick died on the spot and his wife Haziba Bibi died on the way to the Hospital. It is further stated in the complaint that the Appellant had some disputes with his father Siraj in connection with Siraj's properties and the incidents of murder were the sequel of the aforesaid disputes.