SUKURULLAH SEIKH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred by Sukurullah Seikh challenging his conviction and sentence under Section 302 of the I. P. C. recorded by the learned Additional Sessions Judge, 1st Track Court-III, Krishnanagar in the district of Nadia in connection with Sessions Trial No. 1(1) of 2004 corresponding to Sessions Case No. 5(1) of 2004.

(2.) The prosecution case in brief was that on 4th June, 2003, the present appellant came to the house of one Khodabox Seikh of Giridharipur under P. S. Nakashipara in the district of Nadia at about 10 p.m. and he demanded to marry the youngest daughter of said Khodabox. As Khoda Box and his wife Hanifa Bibi made protest to such demand of appellant Sukurullah Seikh, an altercation took place and soon thereafter appellant Sukurullah shot at Khodabox with a firearm. Khodabox was thereafter taken to Bethuadahari Health Centre and therefrom he was taken to Saktinagar hospital at Krishnanagar and finally he was referred to Nilratan Sarkar hospital at Calcutta where he succumbed to his gun shot injury.

(3.) Hanifa Bibi, wife of Khodabox Seikh on 7th June, 2003 narrated the incident before Nakashipara P. S. and on the basis of her narration, a formal complaint was drawn at the Police Station and thereafter on the basis of that complaint of Hanifa Bibi the present case was started which ended ultimately in submission of charge sheet under Section 302 of the I. P. C. read with Section 25/27 of the Arms Act against the appellant.