NIZAMUDDIN @ NIZAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order of conviction dated 28.05.2009 and 29.05.2009 passed by the learned Additional Sessions Judge, Fast Track Court-II, Howrah in Sessions Trial No. 493 of 2005 convicting the appellant for commission of offence punishable under Sections 324/302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs.5,000/- in default to suffer further imprisonment of six months for the offence punishable under Section 302 of the Indian Penal Code and to suffer rigorous imprisonment for one year and to pay a find of Rs.1,000/- i.e. to further imprisonment for one month for the offence punishable under Section 324 of the Indian Penal Code.

(2.) The prosecution case as alleged against the appellant is to the effect that on 8.1.2005 around 6.30/7.00 P.M., there was an altercation between the appellant and one Md. Sarif, P.W.12 over sprinkling of mud on his trouser. Over such issue, the appellant along with Zakir and Jabir attacked one Hasibul Kazi, Md. Arif (P.W.8) and Habibul Kazi (P.W.9) with a sharp cutting weapon causing severe injuries on them. The victims were shifted to Howrah General Hospital where Hasibul was admitted and two others were discharged after treatment. Unfortunately, Hasibul subsequently succumbed to his injury. In the meantime, Rabiul Hossain, P.W.1, grand father of the deceased lodged First Information Report resulting in registration of Golabari P. S. Case No.9 of 2005 dated 8.1.2005 against the appellant and others. Charge sheet was filed in the instant case and charges were framed under Sections 324/34 of the Indian Penal Code and Sections 302/34 of the Indian Penal Code against the appellant and one Sk. Zakir Hossain @ Jakir and Md. Jabir @ Sk. Jabir. In the course of trial prosecution examined as many as 16 witnesses. Defence of the accused persons was one of innocence and false implication. In conclusion of trial, the trial judge by judgement and order dated 28.05.2009 and 29.05.2009 convicted and sentenced the appellant, as aforesaid.

(3.) However, by the self-same judgement and order, co accused persons Sk. Zakir Hossain @ Jakir and Md. Jabir @ Sk. Jabir were acquitted of the charges levelled against them. Hence, the present appeal.