AFZAUDDIN ANSARY AND 4 ORS Vs. STATE

JUDGEMENT

(1.) This criminal appeal is directed against the order of conviction and sentence passed by the learned Session Judge, Purulia in Session Trial No.20 of 1989 where the learned court convicted all the accused persons under section 302 mad with section 149 of the IPC. They were also found guilty of the offences having been committed by them under section 323 read with section 149 of the IPC. They were sentenced to surfer life imprisonment, although no separate sentence was passed by the learned court under section 320 read with section 349 of the IPC.

(2.) The appellants, since affected by the decision of the learned court, have preferred the appeal for reversal of the order of conviction and sentence. In order to appreciate the contentions raised by the rival parties, it is worthwhile to give a brief resume of the facts though detailed by the learned court in his judgment.

(3.) The factual exposure, as highlighted by the case of the prosecution, relates to chronic dispute amongst the brothers over the landed properties which, according to the prosecution, snapped off the life of Basiruddin Ansari and the injuries inflicted on his sons for the explosion of bombs. The accused Najimuddin and Basiruddin were born of the some womb, but for the disputes and dissensions since erupted amongst the brothers that forced them to live in separate mess. Basiruddin on the fateful day was sleeping with his wife PW- 1 Taliban in the western side room of their house and for the sultry weather, they left the door ajhar. When the might was proceeding in a meteoric speed silently and when it was close upon 11-30, she woke up from her sleep for the alarm raised by her husband. Surprisingly enough, Afazuddin was found with a knife and Alauddin stood by his side. The situation, according to her, was aggravating.