JAMIRUDDI BISWAS Vs. EMPEROR

JUDGEMENT

(1.) This is an appeal from the judgment and the sentence of the learned Sessions Judge of Khulna who, agreeing with the unanimous verdict of the Jury, convicted one Jamiruddi of an offence under Section 326, and sentenced him to five years rigorous imprisonment, and they further unanimously found three persons, Samiruddi, Kalam and Afizuddi, guilty under Section 326, read with Section 114, and Afizuddi further under Section 323. Afizuddi was given four years under Section 326, read with Section 114, and four months under Section 323, the sentences to run concurrently. The other two, Samiruddi and Kalam, were given three years each under Section 326 read with Section 114.

(2.) Now, we have considered the charge to the Jury and we find that the only point of misdirection is with regard to the law of abetment by conspiracy and that only applies to appellants Nos. 2, 3 and 4.

(3.) The conviction of Jamiruddi is a right conviction and it is not based on any misdirection. We, therefore, have no power to alter it or interfere with it nor do we desire to do so. The appeal of Jamiruddi is dismissed.