- (1.) This Criminal Appeal is directed against the judgement and order dated 17.02.2006 and 18.02.2006 passed by the learned Additional Sessions Judge, Fast Track Court Lalbag Murshidabad in Sessions Trial No. 1 of April 2005. By the said judgment and order the appellant Md. Muklesur Rahaman (in short A1) was held guilty of the charge under sections 326 and 304 IPC and was accordingly convicted thereunder. The co-appellant Saira Bewa (in short A2) was, however, found guilty of the charge under sections 326/114 and 304/114 IPC. After hearing both the convict appellants, the ld trial Judge sentenced A1 to rigorous imprisonment for life for commission of an offence under section 304 IPC. while, his mother A2 was sentenced to suffer R.I. for seven years for commission of an offence under sections 304/114 IPC. However, no separate sentence was awarded on A1 and A2 for the offences under sections 326 & 326/114 IPC respectively.
(2.) Factual matrix of the prosecution case as unfolded in the FIR lodged by Amirul Islam, (PW1), the younger brother of the deceased may be capsulised as under ;- On 16th April, 2004 (Friday) at about 5 PM / 5.30 PM while Md. Sajahan Mia aged 48 years was returning from a tea stall of Azaruddin of the village, he was chased by A1 and was over-powered in front of his house. The victim was assaulted on his head with an axe provided by A2, the mother of the assailant. The victim sustained head injuries and collapsed on the ground. The injured was immediately taken to Krishnapur Gramin Hospital wherefrom he was transferred to Berhampur General Hospital since his physical condition was precarious.
(3.) On the basis of the said FIR lodged on the following morning, Lalgola PS. Case No. 62/2002 dated 17.04.04. under section 326 IPC was registered for investigation against (i) A1, (ii) A2, (iii) Nurul Islam & (iv) Illius. Since the victim succumbed to injuries on 18.04.04 in the afternoon, sections 304 IPC was added and the said PS Case was endorsed to S.I. Jyotirmay Bagchi for investigation. In course of investigation the I.O. examined available witnesses, collected PM Examination Report as also records pertaining to Berhampur UD Case No. 154/04 dated 19.04.04. On completion of investigation the I.O. submitted charge-sheet under sections 326/304 IPC against both the appellants, while the rest two accused were discharged as per prayer of the I.O. Subsequently, the case was committed to the court of sessions by the then ld. SDJM Lalbag, vide order dated 25.08.04. After hearing both sides and considering the materials on record both the appellants were charged under sections 326/34 and 304/34 IPC by the ld trial Judge vide order date 27.09.04. Charges so framed were read over and explained to both the appellants. However, both of them pleaded not guilty and claimed to be tried. Accordingly, both the appellants were put on trial.;