GABBAR SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction dated 25.08.2008 and sentence dated 30.08.2008 passed by the Learned Additional Sessions Judge, 3rd Fast Track Court, Malda in Sessions Trial No. 1(7)/2007: Sessions Case No. 192/2007, thereby convicting the appellant under Sec. 302 read with Sec. 34 of the Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs. 5000.00, in default to undergo rigorous imprisonment for one year while acquitting him from the charge under Sec. 341 read with Sec. 34 of the Penal Code.

(2.) On 27.01.2005 at about 20.30 hours, PW 9, the brother of the victim/deceased, lodged a First Information Report against the appellant and one Jahangir Sk. (since deceased) under Sec. 302 read with Sec. 34 of the Penal Code. He alleged that on 27.01.2005 at about 8.30 hours his elder brother Biyel Sk. and PW 7 went to their mango orchard. While returning, at about 15.00 hours when they arrived near the mango orchard of one Ashu Khan, the two accused restrained the victim. Out of previous grudge, they started to inflict the blows of 'hensua' on him. PW 7 fled away and reported the incident to them. When PW 9 and his family members rushed to the said mango orchard of Ashu Khan, they found the victim lying dead with bleeding injuries on the whole body.

(3.) Investigation commenced. On 27.01.2015 at about 17.35 hours PW 13, a Sub-Inspector of Police, held inquest at the mango orchard of Ashu Khan over the deadbody of the victim in the presence of witnesses PWs 1, 4, 7, 9 and another. He found deep cut injuries on several parts of the deadbody, nearly from head to toe. On 28.01.2005 at about 12 noon, PW 8 held post-mortem examination over the deadbody of the victim. He too found several injuries on the deadbody. According to report, the death was caused due to the ante-mortem injuries. The injuries might have been caused by hard and sharp cutting instrument. After completion of investigation a charge-sheet was submitted. On 02.07.2007 charges were framed against the two accused under Sections 341 read with Sec. 34 and under Sec. 302 read with Sec. 34 of the Penal Code.