TAPASH MOOKHERJEE, J. - (1.) THE judgment and order dated 23.06.2010 and 24.06.2010 passed by the learned Additional Sessions Judge, Fast Track Court -IV, Krishnanagar, Nadia, in Sessions Trial No. IX (7) 07, (Sessions Case No. 50 (6) 07) are under challenge in the present appeal. By the aforesaid order learned Trial Court convicted the Appellant Anehaque Sk. for the offence of murder under Section 302 I.P.C. and sentenced the Appellant to suffer R.I. for life and to pay fine of Rs. 1,000.00 (rupees one thousand only) I.D. to suffer S.I. for one year.
(2.) PROSECUTION 's case in short, is as follows: - On 20.07.1999 one Anower Sk. son of Late Patai Sk. of village Mokampara under P. S. Kaliganj, District Nadia, submitted a written complaint at the Kaliganj P. S. and stated therein that on that day at about 5.45 a. m. when his father Patai Sk. was going towards the field for cultivation with his buffaloes there was a clash between those buffaloes and a buffalo of the accused Faju Sk. which stood tied up by the side of the road. A quarrel ensued in connection with that incident between Patai Sk. and the Appellant Anehaque Sk. and four other accused persons in the case and during such quarrel the Appellant Anehaque assaulted Patai Sk. with a spear while the other accused persons assaulted Patai Sk. with different kind of weapons. Patai Sk. sustained grievous injuries due to such assaults and he ultimately succumbed to his injuries, and the Appellant fled away.
(3.) KALIGANJ P.S. Case No. 152/99 dated 21.07.1999 under Section 304/34 I.P.C. had been started on the basis of the aforesaid F.I.R. and after completion of investigation charge -sheet under Section 304/34 I.P.C. had been submitted against all the five accused persons.;