BEDARUL ISLAM Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal being C.R.A. 178 of 2004 (Bedarul Islam v/s. State of West Bengal) is taken up for hearing with G.A. 25 of 2004 (The State of West Bengal represented by the learned Public Prosecutor, High Court, Calcutta v/s. Abdul Sayed and three others). C.R.A. 178 of 2004 has been filed by the accused Bedarul Islam against the order of conviction passed by the judgment and order dated 27th February, 2004 passed in Sessions S.L. Case No. 187 of 1996 re -numbered as Sessions Trial 1 of July, 2000 holding the accused -appellant Bedarul Islam guilty of offence under Sec. 302, Indian Penal Code and thereby convicting and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs. 30,000/ - (Rupees Thirty Thousand) only, in default of payment of such fine further rigorous imprisonment for two years more. G.A. 25 of 2004 has been filed by the State of West Bengal being an appeal under Sec. 378(1) of the Code of Criminal Procedure, 1973 against the selfsame judgment and order dated 27th February, 2004 holding accused Abdul Sayed, Ejarul, Tarikul and Mannan not guilty of the offence under Sec. 302/34 of the Indian Penal Code.

(2.) In brief, the Prosecution case is that on 27th June, 1992, between 7.30 a.m. and 7.45 a.m. one Mrinal Kanti Mitra aged about 55 years was murdered at Farakka Barrage Bridge Road, near lock gate at Ghaoraipara by the five accused persons, namely, Abdul Sayed, Bedarul Islam, Ejarul Sk., Tarikul Sk. and Mannan Sk.

(3.) It was the Prosecution case that the murder was committed by the said accused persons with common intention to murder the victim who was coming from barrage quarters to Bewa Sub -Post Office.