SOLEMAN SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The accused in Sessions Trial No. 2/91 Sessions Case No. 308/88 in the 2nd Court of Additional Sessions Judge, Burdwan is the appellant. The appellant was charged under Section 302 of the Indian Penal Code for causing the murder of one Ajai @Ajahar Ali on 14.11.1984 at night in village-Gatista within Mangalkote Police Station and was convicted and sentenced to rigorous imprisonment for life and pay a fine of Rs. 1,000/- in default, to suffer R.I. for six months.

(2.) The skeletal picture of the prosecution story as revealed in the FIR is follows :

(3.) That on 14.11.1984 at night a Kawali programme was arranged in the open courtyard in front of the Baro Masjid of village-Gatista within Mangalkote Police Station. At that time P.W. 3 Abdul Kalam, P.W. 4 Akbarul Haque and P.W. 5 Ainul Haque enjoying the Kawali programme together on the south-western corner of the mosque. While the programme was continuing and they were enjoying the said programme, they heard the appellant and the deceased Ajahar Ali quarrelling each other. Thereafter they found the accused Soleman Sk. struck Ajahar by a knife on his abdomen. They further heard the deceased Ajahar shouting that Soleman had plunged a knife into his abdomen. The above prosecution witnesses also found the appellant Soleman running away from the place of incident. Many outsiders including the three witnesses assembled.at the place of incident and they took Ajahar Ali to Chanak S.H.C. where the victim Ajahar Ali was declared to be dead. Mir Yakub Ali, P.W. 1, who is the father of the deceased on being informed about the incident came to the mosque and from there proceeded to the police station at 1.25 A.M. between 14/15.11.1984. He narrated the entire incident at Mangalkote Police Station which was reduced into writing and after it was read over and explained to P.W. 1, he signed thereon. The P.W. 8 drew up the formal FIR and took up the investigation of the case. The Officer-in-Charge, Mangalkote Police Station visited the spot and found the dead-body was lying in a mango grove. He conducted the inquest over the dead-body in presence of the witnesses. He sent it for Post-Mortem Examination. He further seized blood- stained earth etc. from Baro Masjid. He also prepared a sketch showing the place of incident and after completion of investigation he placed the chargesheet under Section 304 IPC and later on the appellant stood charged under Section 302 IPC and was found guilty thereunder.