JOYNAL MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) JOYNAL Mondal, Akkash Sk. , Sadar Mondal and tahajuddin Sk. were all charged under Section 302 read with Section 34 of the Indian penal Code for intentionally and knowingly causing death of Abdul Latif Biswas on 16th february, 1984. By a judgment and order dated 9th May, 1996 in connection with Sessions Trial No. 1 (5) 92 arising out of the sessions Cases No. 28/89 they were convicted and found guilty. By an order dated 10th May, 1996 passed by the learned Addl. Sessions Judge, 2nd Court, Murshidabad they were sentenced to suffer imprisonment for life for commission of the aforesaid offence. The convicts came up in appeal. After the appeal was admitted by an order dated 2nd July, 1996 they were enlarged on bail. The appeal has now come up for final hearing.

(2.) THE prosecution case briefly stated is as follows :-On 16th February, 1984 at about 4. 30 p. m. the convicts chased the victim Abdul latif, a resident of Kalidaspur. The victim took shelter in the verandah of the de facto-complainant Labani Das. Joynal fired a shot from a pipegun. The complainant Labani sought to pacify him but the former was brushed aside with a blow on his left cheek. He was also threatened with dire consequences. The accused persons thereafter dragged Abdul Latif to the courtyard of the adjoining house of Haru, the father-in-law of the de facto-complainant whereat Akkash sk. Tahajuddin and Sadar chopped different part of the body of the victim including shoulder, neck, hand, belly etc. with pusli and hesua resulting in bleeding injury and instantaneous death.

(3.) THE only point for consideration is whether the judgment under challenge holding the appellants guilty on the basis of the evidence on record can be upheld.