HANNAN ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the order of conviction and sentence passed against appellant Hannan Ali by the learned Additional Sessions Judge, 2nd Court, Berhampore in the district of Murshidabad in connection with Sessions Serial No. 114 of 1995 corresponding to Sessions Trial No. 4(3) of 1995.

(2.) In all six persons including the present appellant faced the trial under section 302/34 of the IPC and the learned Additional Sessions Judge finally convicted the present appellant under section 302 of the IPC and sentenced him to suffer rigorous imprisonment for life and to pay a fine of Rs. 3,000/- in default to suffer simple imprisonment for two months.

(3.) The prosecution case in brief was that on 29th February, 1992 at about 3.45 p.m. Md. Ajaharul Islam was returning with one Hyder Ali by a bicycle of Hyder Ali and Ajaharul sat on the front rod of the cycle. When Hyder and Ajaharul reached near the house of one Ajij Mondal, appellant along with others surrounded the cycle of Hyder Ali and Hannan Ali assaulted Ajaharul on his chest by a knife. Hyder Ali brought injured Ajaharul Islam to his house where a police camp was posted and subsequently on the way to hospital, Ajaharul succumbed to his injury.