KAUSAR ALI GAZI Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is directed against the order the conviction and sentence passed by the learned Additional Sessions Judge, 11th Court, Alipore, in case No. 1(9) 90/SC 42(5)/90 under Sections 302/34 of the I.P.C., sentencing the accused to life imprisonment in additional to payment of fine Rs. 2,000/-, in default, R.I. for one year.

(2.) The sensitive facts of the Appeal before us are that on 7-8-86 at 8.30 a.m., an information was laid with the P. S. Hasnabad about the death of one Md. Azir Rahaman which gave birth to a suspicion. Since the author of the crime was unknown, the police registered a case being U.D. Case No. 20 of the said P.S. on 7-8-86. The investigating was set into motion on the commencement of the U.D. Case.

(3.) The maker of the written complaint, the village Pradhan, was summoned by the villagers to attend house of Khalirum Rahaman Gazi as he was informed about the unnatural death of Aziar Rahaman Gazi. He found in the locale the dead body of Aziar lying on a wooden cot surrounded by an assembly of persons who were Morsed Ali P.W. 4, Abdul Latif P.W. 2, Chittaranjan Mondal P.W. 7 and Momtaj Ali Gazi P.W. 3. All of them assembled there and frowned their eyes over the death of Aziar Rahaman Gazi.