- (1.) These three criminal appeals, viz., C.R.A. No. 273 of 2002, C.R.A. No. 274 of 2002 and C.R.A. No. 341 of 2002 are arising out of a common judgment and order passed in connection with a sessions trial held before the learned Judge, City Sessions Court, II Bench at Calcutta.
(2.) In the said trial the Appellants Md. Faiaz @ Faiz, Md. Nawsad @ Pappu, Md. Salim @ Negro Salim, S.K. Raju @ Raju and another Rafi Ahmed @ Chorta Rafique were convicted under Sections 302/34 of the Indian Penal Code for intentionally causing death of one Sakil Ahmed @ Lala and sentenced to suffer imprisonment for life and to pay fine of Rs. 3,000/- and in default to suffer rigorous imprisonment for six months. They were also convicted under Sections 307/34 of the Indian Penal Code for attempting to commit murder of one Salim Ahmed and sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 3,000/-, in default to suffer rigorous imprisonment for six months. While Md. Faiaz @ Faiz challenged his conviction and sentence in C.R.A. No. 273 of 2002, the two other Appellants Md. Salim @ Negro Salim and Md. Raju @ Raju preferred one single appeal being C.R.A. No. 341 of 2002, similarly the other Appellant Md. Nawsad @ Pappu preferred a separate appeal being C.R.A. No. 274 of 2002 against their conviction and sentence. However, no appeal has been preferred by the convict Rafi Ahmed @ Chorta Rafique.
(3.) The aforesaid trial is an outcome of a First Information Report registered at the Taltala Police Station being Taltala Police Station Case No. 404, dated 14.10.1988, under Sections 302/307/34 of the Indian Penal Code. The said FIR was lodged by P.W. 3 Md. Salim Ahmed, who also sustained injuries in the selfsame incident in which his brother Sakil Ahmed @ Lala was killed. The case of the informant as transpires from the First Information Report is as follows; On 13.10.1988 at about 9 p.m. while the informant was returning home from his work he found, in front of Hazi Md. Mohassin Square at Taltala Lane, the accused Faiaz and Negro Salim were holding his elder brother Sakil Ahmed and the accused Chorta Rafique, Raju and Pappu were assaulting him with razors and bhojalis and on being so assaulted he at once he fell down on the ground with bleeding injuries on his person. Having seen the incident, when the informant rushed to rescue his brother he was also assaulted by the said accused persons with a sharp cutting weapon and he also sustained injuries on his leg. In the meantime, hearing the alarm raised by the informant, as the local people came to the spot, the accused persons fled away. Thereafter, his brother was removed to Nilratan Sarkar Medical College and Hospital, where doctor declared him brought dead and released the informant after giving necessary treatment. After conclusion of investigation police submitted charge-sheet against all the FIR named accused persons for the selfsame offences for which the FIR was registered. They were then placed on trial before the learned Judge, II Bench, City Sessions Court to answer charges under Sections 302/34 of the Indian Penal Code for causing murder of Sakil Ahmed @ Lala and under Sections 307/34 of the Indian Penal Code for attempting to commit murder of the informant Salim Ahmed.;