ASAN ALI SK. Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Each of the aforesaid appeals is directed against the judgment dtd. 4/8/2015 and the order of conviction dtd. 5/8/2015 passed by the learned Additional Sessions Judge, Second Court at Krishnagar in Sessions Case No. 27(3)2015.

(2.) By the said judgment, each of the appellants, namely, Kajal Sheikh, Kalu Sheikh, Raju Sheikh @ Nera, Asan Ali Sheikh and Sahajamal Sheikh were convicted under Ss. 302 and 34 of the Indian Penal Code for life. They were also directed to pay a fine of Rs.10,000.00 each, in default whereof, they were to undergo rigorous imprisonment for another six months.

(3.) The facts relevant to the instant case are that on 31/7/2014 at about 8:30 P.M., Chhoto Sajamal Sheikh (the victim) was sitting in front of a tea stall owned by Badar Shah/Sheikh. The accused persons are stated to have approached the victim and initially threw country made bombs to scare away the persons around. The accused then assaulted the victim with fire arms and sharp cutting weapons. The victim sustained grievous injuries and died on the spot.