KAZEM ALI MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order of the learned Additional Sessions Judge, Fast Track Court No. 1, North 24-Parganas at Barasat passed in connection with Sessions Trial No. 18(6) 2003 corresponding to Sessions Case No. 11-(4)-2002.

(2.) The learned Judge of the Fast Track Court while disposing of the above-mentioned sessions case convicted all the three appellants under Section 302/34 of the I.P.C. and they were sentenced to suffer imprisonment for life and being aggrieved by and dissatisfied with the order of conviction and sentence, the appellants approached this Court through the present appeal for their relief.

(3.) The prosecution case in short was that on 22nd May, 2000 when the deceased, Md. Jinnat Ali, of village Harpara, P.S. Amdanga made protest against the illegal construction of a sun-shade by the appellant, Azibar Mondal, Azibar calling the other two appellants, Kazem Ali Mondal and Fakkar Mondal, started assaulting Md. Jinnat Ali with bricks and as a result of such assault Md. Jinnat Ali fell on the ground and lost his sense. When wife and children of Jinnat Ali came at the spot, the appellants fled away and then Jinnat Ali was first taken to a local doctor and thereafter to Barasat Hospital and finally to Calcutta Medical College and Hospital where Jinnat Ali expired on 23rd May, 2000 at 12.45 P.M. Aharbanu Bibi, wife of Md. Jinnat Ali on 24th May, 2000 coming at the Amdanga Police Station narrated the incident which was reduced into writing by a Sub-inspector of that police station and on the basis of that information the present case was started against all the three appellants under Section 304/34 of the I.P.C.