SK HAFIJUDDIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against judgment and order of conviction as also sentence dated January 31, 2006 passed by the Additional Sessions Judge, 1st Fast Track Court, Paschim Medinipur in Sessions Trial Case No.XLIII of April 2004 convicting the appellant for commission of offence punishable under Section 302/34 Indian Penal Code (hereinafter referred to as the I.P.C.) and sentencing him to suffer imprisonment for life as also to pay a fine of Rs.5000/- in default to suffer rigorous imprisonment for a further period of one year.

(2.) The backdrop of the case in a nutshell is as under:-

(3.) Suddenly, Fazil and Jamal caught hold of the hands of Khurshed Ali saying that Kalimuddin, one of their brothers, had been killed under the instruction of the above Khurshed Ali. The appellant assaulted Khurshed Ali with a sharp cutting weapon "vojali" on the chest of the above Khursid Ali. He was shifted to the chamber of Bablu Doctor, who declared him dead.