HOSSAIN SHEIKH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Instant appeal is directed against the judgment and order of conviction and sentence dated 8th and 9th August, 2007 passed by the Additional District and Sessions Judge, Jangipur, Murshidabad, in Sessions Trial No. 7(3) of 2003 arising out of Sessions Serial No. 10/2003 convicting the appellant to suffer imprisonment for life and to pay fine with default clause for the charge punishable under Section 302 of the Indian Penal Code.

(2.) The brief facts leading to the instant appeal is that on 29.08.2002 at about 2 p.m. the incident took place when the husband of the defacto complainant, Chatu Sk, was returning home after taking bath from a road side tube well, an altercation was going on between Hossain Sk and his wife. The deceased told the accused/appellant not to take such altercation then the accused Hossain ran at him and he tried to flee away but Hossain, the accused, chased him upto the trijunction in front of the house of the defacto complainant and gave a blow with a 'Kati' on the chest of the deceased, as a result, he instantly died at the spot.

(3.) Written complaint was lodged with the Sagardighi Police Station on 29th August, 2002 at 14-45 hours as Sagardighi P.S. Case No. 93 of 2002 dated 29.08.2002 under Section 304 I.P.C. and the case was started.