- (1.) Heard the parties. This appeal is directed against the Judgment and Order dated 30.4.1999 passed by the learned Additional Sessions Judge, 2nd Court, Hooghly in Sessions Trial No. 31 of 1991 corresponding to Pursurah P. S. Case No. 25 dated 2.4.1990 whereby and whereunder the Appellants were convicted under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs.1,000/- each and in default, to undergo rigorous imprisonment for a further term of six months.
(2.) There are four Appellants in this Appeal. They are (i) Sk. Anawar Ali; (ii) Sk. Rehmat Ali; (iii) Sk. Maidul Islam and (iv) Most. Mehrunnisa Bibi.
(3.) Before proceeding with the case, it would be necessary to point out that so far as the Appellant No. 1, Sk. Anawar Ali is concerned, the Appeal preferred by him, stands abated in view of his death on 11.12.2000 which was duly recorded by a Division Bench of this Court presided over by Hon ble the Chief Justice on 24.8.2011 and which reads as follows: CRA No. 141 of 1999 24.8.2011 In the matter of : Sk. Anowar Ali & Ors. Appellants/Petitioners Mr. Sekhar Basu Mr. Kushal Mukherjee Mr. Avijit Ganguly Mr. Siladitya Banerjee For the Appellants/Petitioners Mr. Debasish Roy, Ld. P.P. Mr. Prasun Datta For the State Learned counsel for the appellants tenders Certificate of Death of the appellant Sk. Anowar Ali Son of Late Sk. Fazle Rahman. The same is taken on record. In view of the fact that the appellant Sk. Anowar Ali has died on 11th December, 2000 the appeal preferred by him stands abated. The appeal preferred by the other appellants, be now listed for hearing on Monday, i.e. 29th August, 2011. (J. N. Patel, Chief Justice ) (Kanchan Chakraborty, J.) ;