SANAUL ISLAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal against the judgement and order dated 29 May, 2008 passed by the learned Additional Sessions Judge, 3rd Court, Malda in Sessions Trial No. 1(4)/07 arising out of Sessions Case No. 152/2006. The appellant was charged with offence punishable under Section 302 of the Indian Penal Code (IPC). By the judgement and order under challenge the learned trial Court has found the appellant guilty of such offence and has convicted the appellant under Section 302 of IPC.

(2.) Having heard the appellant on the point of sentence, the learned Trial Judge came to the conclusion that this was not one of the rarest of rare cases which should attract the penalty of capital punishment. Punishment of life imprisonment and fine of Rs. 2,000/-, in default rigorous imprisonment for six months, was imposed on the appellant. Hence, this appeal.

(3.) The essence of the prosecution case is that at about 9:15 PM on 18 August, 2002, the appellant entered into a verbal altercation with his father Jamshed Alam, the victim, in the family home. In course of such heated exchange of words, the appellant became excited and tried to attack his father. The other sons of the victim who were present there, stopped the appellant and drove him out of the house. A few minutes thereafter, the appellant came back to the house and stabbed the victim on his chest with a knife like weapon. On hearing the scream of the victim, Akbar Ali who is another son of the victim and other family members came out of their respective rooms and tried to apprehend the appellant, but in vain. The appellant fled. The victim was removed to hospital for treatment where he succumbed to his injury he had received, on the same night at about 12:00 A.M.