KASHED SAHAJI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of conviction and sentence dated 5. 7. 2003 and 7. 7. 2003 passed by the learned Additional Sessions Judge, Third Court at Barasat in sessions Case No. 12 (7) of 1998 (Sessions Trial No. 6 of December, 1999) thereby convicting the accused appellant no. 1 under Section 302 IPC and sentencing him to suffer rigorous imprisonment for life and a fine of Rs. 5,000/-, in default to suffer rigorous imprisonment for a further period of one year and for the offence punishable under sections 324/34 IPC thereby sentencing him to suffer simple imprisonment for six months and a fine of Rs. 500/-, in default to suffer simple imprisonment for a period of 15 days. By the said judgment and order of conviction and sentence the other accused appellant nos. 2 to 5 were sentenced to imprisonment for life and to pay a fine of Rs. 5,000/-, in default to suffer imprisonment for one year for the offence punishable under Section 302/34 IPC and also for commission of offence punishable under Section 324 IPC read with Section 34 IPC to suffer simple imprisonment for six months and to pay a fine of Rs. 500/-, in default to suffer simple imprisonment for 15 days.

(2.) THE prosecution case, in short, is that on 22. 11. 1997 at about 18. 30 hours the accused Kashed Sahaji and others, named in the fir, armed with deadly weapons entered into the house of the informant at Bagundi and attacked the complainant and other persons, as a result of which the brother of the informant, Samirul gazi and his younger sister Saheeda Khatun and his father Bilayat gazi were seriously injured and they were admitted into the hospital. On the advice of the doctor, the informant made necessary arrangement for transfer of his injured brother Samirul and sister saheeda to the Sub Divisional Hospital, but on the way to hospital, samirul Gazi succumbed to his injuries. On the basis of the information lodged by P. W. 1 a case was registered at Basirhat Police Station and on completion of investigation charge-sheet was submitted under Section 302 IPC against the accused Kashed Sahaji while under Section 302/34 IPC against the other accused persons and under Section 324/34ipc against all the accused persons.

(3.) TO prove its case, the prosecution examined as many as 20 witnesses while defence examined only one witness.