MOHIM SK & ORS Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
Mohim Sk And Ors
STATE OF WEST BENGAL
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Mumtaz Khan, J. -
(1.) These appeals have been preferred by the appellants assailing the judgment and order of conviction and sentence dated June 18, 2011 and June 22, 2011 respectively passed by the learned Additional District and Sessions Judge, Fast Track, 2nd Court, Malda in Sessions Case No. 75 of 2006. By the impugned judgment appellants were convicted for commission of offence punishable under Section 302/34 of the Indian Penal Code (hereinafter referred to as IPC) and were sentenced to suffer rigorous imprisonment for life and to pay fine of Rs. 1000/- each in default to suffer further rigorous imprisonment for one month each with a direction for set off as per provisions of Section 328 of the Code of Criminal Procedure (hereinafter referred to as CrPC) while accused Kuddus Sk. was found not guilty of the offence under Section 302/34 IPC and was, therefore, acquitted from the charge.
(2.) Prosecution case, in brief, is that on November 11, 1999 at about 6.30 p.m. while the deceased Ajlu Sk. and P.W.9 were gossiping, sitting on the road in front of the house of the Sejar Sk. of their village, then at that time accused/appellants and Kuddush Sk under the leadership of Lokman Sk. being armed with hasua, farsha etc and with an intention to kill Ajlu Sk. attacked him and struck him by hasua thereby causing grievous injuries on his person. Hearing the screaming of Ajlu Sk. and his companion when many people rushed to the spot accused persons fled away therefrom. P.W.6, on getting the news of the said incident rushed to the spot and seeing his brother's serious condition sent him to Malda Sadar hospital for treatment and lodged the complaint (Ext.2) at the Kaliachak P.S.
(3.) On the basis of that complaint received at the P.S. at 12.15 hrs. P.W.18 started Kaliachak P.S. Case No. 290 dated November 11, 1999 against the accused/appellants, Lokman Sk. and Kuddus under Sections 324/326/307/34 IPC and the case was endorsed to P.W.14 for investigation. Subsequently, section 302 IPC was added to the charges after the death of the victim Ajlu Sk.;
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