- (1.) This appeal is directed against a judgment and order dated 27.7.2007 passed by the learned Additional District & Sessions Judge, 3rd Fast Track Court at Berhampore in Sessions Trial No. 865 of 2003 whereby the learned Judge convicted the appellants for offences punishable under Section 302 read with Section 34 IPC under Section 235(2) CrPC. Accused Faizuddin was not found guilty of the charge under Section 302/34 IPC. Five convicts viz. i) Chatu Sk., ii) Alahaque Sk., iii) Majibar Sk., iv) Sahajamal Sk. and v) Abu Kalam Sk. were sentenced to life imprisonment and to pay a fine of Rs. 500/- I.D. to S.I. for one month. Accused Faizuddin was, however, acquitted of the charge under Section 302/34 IPC.
(2.) The facts and circumstances emerging from the FIR may be summarized as under: One Hasina Bewa informed the local P.S. vide FIR No. 53 dated 6.9.97 inter alia that a few months back the accused Chatu Sk. attempted to outrage the modesty of her daughter-in-law Rajina Bibi, PW 6 wife of her son Rashid Sk. since deceased. The accused Chatu Sk. was humiliated by the villagers for such indecent behaviour. By way of retaliation on 6.9.97 at about 6.30 A.M. while Rashid Sk. since deceased was taking tea with his bhairabhai , Hebal Sk., PW 2 in the tea stall of Doat Ali, PW 4 at Tematha, Shyamnagar, all the six FIR named accused encircled Rashid Sk. Alahaque Sk. caught hold of Rashid s hair by his left hand and hacked his neck with a hansua in his right hand. The victim Rashid sustained severe bleeding injury and ran towards his house but on his way, he collapsed on the road and died instantaneously. In response to hue and cry of the witnesses including the informant the local people rushed to the spot and came to know about the incident. The accused persons, however, managed to escape from the P.O.
(3.) On the basis of the said FIR, Nowada P.S. Case No. 53/97 dated 6.9.97 under Section 302 IPC was started against all the six persons as named in the FIR. The case was endorsed to S.I., S. Nandy for investigation. In course of the investigation, the I.O. visited the P.O. and recorded the statement of eyewitnesses collected the postmortem report of the deceased and also recorded the statement of the witnesses during investigation. On completion of investigation, the I.O. submitted charge-sheet under Section 302/34 IPC against all the six accused persons. All the accused were asked to answer the charge under Section 302/34 IPC which reads as under: "That you, on or about the 6th September, 1997 at Shyamnagar Dargatalapara under P.S. Nowda, District Murshidabad in furtherance of common intention of all did commit murder by intentionally causing the death of Rosid Sk. and thereby committed an offence punishable under Section 302 read with Sec. 34 of the Indian Penal Code, and within my cognizance. And I hereby direct that you be tried by the said Court on the said charge. Charge is read over and explained in Bengali language to accused persons who pleaded not guilty and claimed to be dictated." Accordingly, all the accused stand trial. ;