LIYAKAT SARDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The two appellants namely Liyakat Sardar and Nabiruddin Sardar assail judgment and order of conviction under section 302/34 IPC and sentence of life imprisonment with a fine of Rs.1,000/- with default stipulation as was rendered by the learned Additional Sessions Judge, First Court, Nadia on 19.05.2001 in S.C. No.23(8) of 1998.

(2.) The deceased Kader Box Sardar, a resident of village Suvarajpur under P.S. Karimpur had been to the house of P.W.8 Mohiruddin Mallick at about 3 p.m. on 02.11.1995 in connection with 'halkhata' ceremony and on his way back at about 7.30 p.m. he was killed by the two appellants. On hearing cry "they killed me, save me" emanating from the side of the primary school of the village P.W.1 Jan Box Sardar, his elder brother Rahim Box Sardar (P.W.2) and other brothers as also local people rushed to the spot and found the two appellants fleeing away. Kader Box who sustained multiple bleeding injuries on different parts of the body told P.W.1 and his companions that the two appellants of the village had caused grievous bleeding injuries to him by means of sharp-cutting weapon. Kader Box was taken to Karimpur Hospital but on the way he expired.

(3.) This was the FIR lodged by Jan Box Sardar (P.W.I) with Karimpur Police Station at 22.15 hours on 2.11.1995, which registered Karimpur Police Station Case No. 248/95 dated 2.11.2995 against the two appellants under section 302/34 of the IPC and upon completion of investigation submitted chargesheet against them under the said sections of the law.