SK SONARUDDIN @ SONARDI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against a judgment dated 19th June 2006, passed by the Addl Sessions Judge Islampur, whereby the appellant was found guilty of an offence under Section 304 (2) of the IPC and was sentenced seven years simple imprisonment.

(2.) The prosecution case in brief is that the appellant and the victim Nazimuddin are uterine brothers. They lived at Village 'Murhel' under Karandighi P.S. in the district of Uttar Dinajpur. A long standing dispute remained with the brothers with regard to unpartitioned vested land of their late father.

(3.) On 15th of April 1998 at about 10:00 a.m. the appellant admitted to affixing bamboo poles on the portion of the land that was under the possession of the accused's elder brother. An altercation ensued and abuses were being hurled from each side. Hearing the commotion the wife of the victim, Bibi Hazera Khatoon, intervened and tried to pacify the parties. It was also stated that one Md. Jabul, Md. Islam, Saleha Khatoon and two others were also present at the place of occurrence (P.O.).