AIMUDDIN SHEIKH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The subject appeal is directed against judgment and order of conviction dtd. 16/7/2012 passed by the Additional District and Sessions Judge, 2nd Court, Nadia in Sessions Trial No. IX (II) of 2012 arising out of Sessions Case No. 26 (2) of 2012. The appellants were convicted and sentenced to suffer life imprisonment and to pay a fine of Rs.10,000.00 for offences punishable under Ss. 302, 326 read with Sec. 34 of the IPC.

(2.) The appellants and victims were related to each other as brothers. The appellants and victims are 4 out of 6 brothers and 2 sisters. Raham Box Sk was their father. He had divided his properties equally amongst the 6 brothers. After the brothers received the property by way of registered instrument from their father, a dispute cropped up between them as to who would feed their parents.

(3.) In view of the reluctance and difference of opinion between the appellants and the victims, a meeting was called by one of the brothers namely Kalimuddin Sk at the house of the said father. In course of the meeting, there was a heated exchange between the appellants and the victims Ainuddin Sk and Shukur Ali Sk. The appellants are stated to have left the place of occurrence and returned back within 3 minutes with sharp cutting weapons which included a Bhojali, Hasua and a rod and a stick mounted with a metal fork. They assaulted the deceased victim Ainuddin Sk and Kalimuddin Sk.