P.K.Biswas, J. - (1.) Through this appeal, the appellant Zullu Rahaman alias Seikh challenges the judgment and order dated December 17, 1981, Passed by the learned Additional Sessions Judge, 4th Court, Murshidabad in Sessions Serial No. 160 of 1987(Sessions trial No. 1 of February, 1990) whereby convict/appellant has been convicted under section 302 of IPC and sentenced to suffer imprisonment for life and to a pay fine of Rs. 1000/- in default to suffer RI for a further period of three months.
(2.) Briefly stated, the prosecution case as mainly emerged from the recital contained in the FIR lodge by Emajuddin Sk., is as under :- That on 21.9.84 at about 1.30 p.m. the informant Emajuddin came home after attending 'Jumma Namaj' then he heard some hue and cry from a place and on hearing such hue and cry, he rushed towards that place i.e., near the house of Hamed Sk., of Rampur. After reaching that place, Emajuddin Sk. found that his brother Naimuddin was lying there being critically injured. At that time Emajuddin also found his brother Naimuddin placing one of his hands on the left side of his abdomen and viscera was seen coming out of the wound. Besides the above injury, Emajuddin also found another injury on the back of the left arm and left shoulder joint of his brother and he also noticed that one 'Hansua' was still attached to the said place of Naimuddin.
(3.) Seeing his brother Naimuddin in such condition, Emajuddin asked him as to who has inflicted such injury on him. In reply, Naimuddin disclosed that they were Zullu Rahaman and his brothers namely, Samru, Manjur and Motaruddin.;