MD HASEM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) DATTA, J. : The appellant Md. Hasem assails the judgment and order dated 16th August, 1996 passed by the learned additional sessions Judge, 1st Court, Hooghly in Sessions trial No. 119 of 1986 convicting him of the charge under Section 302 I. P. C. and sentencing him to suffer R. I. for life.

(2.) ONE Soukat AN of village Padripara under P. S. Chandernagore lodged a written ejahar with the O. C. Chandernagore p. S. at 22. 45 hrs. on 23. 06. 1983 against one Md. Basir and the present appellant Md. Hasem alleging therein that at about 06. 45 p. m. on 23. 06. 1983 a quarrel took place between the residents of the locality and the sons of Sk. Mustafa regarding drawing of water from a Municipal tap. As Sk. Mustafa, the father of the appellant was allegedly a leprosy patient the residents of the locality forbade him to take water. Md. Islam who was the secretary of Water distribution Committee returned home at 09. 45 p. m. from his duty at gandalpara Jute Mill. One Md. Halim then came to the house of Md. Islam and told him that the sons of Md. Mustafa would talk with him over drawing of water and then took Md. Islam to the house of Md. Hasem @ Bhombal. Soukat Ali also followed them to the house of Hasem. As soon as Islam entered into the house of Hasem he closed one leaf of the door. Inside the room was his brother Basir. A hurricane light was then burning. Then md. Hasem struck Md. Islam by a knife on his belly and other parts of the body. His brother Basir assisted him. Islam fell down saying he had been knifed. Soukat raised alarm. Md. Osman and Md. Nizam came there. When they approached Islam, Md. Basir hurled brickbats against them causing injuries to their bodies and thereby resisted their entry to the room. The floor was stained with blood. By the rickshaw of a local rickshaw puller genia @ Abbas Ali Md. Islam was taken to chandernagore Hospital by soukat Ali, Nizam and Md. Osman. Islam died on the way. It has been alleged that Md. Basir and Md. Hasem, the two brothers out of previous grudge and over the issue of drawing of water from the Municipal tap murdered Md. Islam.

(3.) ON this complaint Chandernagore Police Registered chandernagore P. S. Case No. 55/121 dated 23. 06. 1983 against Md. Basir and Md. Hasem under Section 302/34 of the I. P. C. and submitted charge-sheet under that section of the law.