SENTU MONDAL Vs. STATE

JUDGEMENT

(1.) This appeal has been preferred by sole appellant Sentu Mondal challenging the judgment and order of conviction of appellant/accused of the charge under Section 302, Indian Penal Code and sentence to suffer rigorous imprisonment for life and to pay fine of Rs.10,000/- in default to suffer rigorous imprisonment for six months passed by learned Additional Session Judge, 3rd Court, Murshidabad in Sessions Trial No. 4/April, 2004 corresponding to Sessions Case No. 163 of 2000. The Trial started against four accused persons who were enlarged on bail. Subsequently, all accused persons including this appellant absconded for which the case remained filed for the present.

(2.) Thereafter, this appellant was brought under arrest and bail was not granted to him. Keeping the case against other three accused persons, as filed for the present the trial continued against this appellant only. After conclusion of the trial, the impugned judgment has been passed in the trial Court.

(3.) Prosecution case, in short, is that on 7.6.1999 at about 3:30 p.m. Golam Mostafa was returning home through the village road at village Dakshinnagar Pathanpara after performing prayer of 'Namaj'. His wife Babita Bibi (PW 4), her sister Tina Khatun (PW 6), Anarul Islam (PW 5) and others remained present on the road. At that time all the four accused persons including the present appellant being armed with 'HENSO' and 'PASLI' (sharp cutting weapons) surrounded Golam Mostafa and assaulted him with those weapons causing his instantaneous death on that road in front of the house of Bakkar Mondal. The fact was reported by Babita Bibi at Domkal P.S. at a distance of about 8 k.m. from the place of occurrence at 4:15 p.m. Police investigated the case and submitted charge sheet against all the four accused persons under Section 302/34, Indian Penal Code (hereinafter called as I.P.C.).