- (1.) THE instant appeal is directed against the Judgment and Order of conviction passed in Session Trial No.28(7)2006 by the learned Additional District & Sessions Judge, Fast Track Court V, Malda on 15th November, 2006 and 16th November, 2006 convicting the appellant/petitioner under Section 302 of the Indian Penal Code. He is also sentenced to suffer rigorous imprisonment for life and pay a fine of Rs.5000/ - and in default to suffer rigorous imprisonment for two years.
(2.) PUT in a short frame, the prosecution case is as follows : - On 19th January, 2006 Md. Asraf Ali, the defacto complainant lodged a written complaint before the Inspector -in -Charge, P.S. - Kaliachak to the effect that at about 18:30 hours on the road at Sujapur, Biswaspara in front of house of Asarul Sardar within P.S. -Kaliachak District -Malda the accused person Md. Nurjaman committed murder of his father Md. Ansar Sk. with a Hasua following the dispute of family matter. On the basis of the such written complaint being G.R. Case No.129 of 2006 Kaliachak P.S. Case No. 15 of 2006 dated 19th January 2006 was registered at 19:55 hours under Section 302 of the Indian Penal Code. After completion of the investigation charge -sheet was submitted against the accused person under Section 302 of the Indian Penal Code. Thereafter the case was placed for trial before the learned Additional District and Session Judge, Fast Track Court V, Malda who framed charge under Section 302 of the Indian Penal Code against the present appellant and after conclusion of the trial he held the appellant guilty and convicted him as aforesaid.
(3.) THE prosecution examined as may as 15 witnesses in this regard. (a) P.W.1, Md Asraf Ali is the defacto complainant of this case. He is the brother of the accused Md. Nurjaman. (b) P.W.2 Munaf Sk. is the cousin brother of the deceased Md. Ansur Sk and eye witness of the case. (c) P.W.3 Nura Bibi is the resident of Sujapur Biswas para. (d) P.W.4 Tahera Bibi is the resident of Sujapur Biswas Para. (e) P.W.5 Masidur Rahaman is the law clerks of Malda Court. (f) P.W.6 Baharu Sk is a resident of Sujapur Biswas Para. (g) P.W.7 A.S.I Arun Shome is the witness of the case. (h) P.W.8 Moti Sk is a resident of Sujapur Hindu Para. (i) P.W.9 Ajijul @ Luttu Sk is the eye witness of that case. (j) P.W.10 Dr. Debnath Sarkar held the post mortem examination over the dead body of deceased Md. Ansur Sk. (k) P.W.11 Akram Sk is the brother of the deceased Md. Ansur Sk. (l) P.W.12 Asura Bewa is the mother of the accused Kajjaban and the wife of the deceased Md. Ansur Sk. (m) P.W.13 Constable No.546 Nirendra Chandra Moulick brought the dead body of the deceased Md. Ansur Sk to the hospital. (n) P.W.14 Adla Sk brought the dead body of the deceased Md. Ansur Sk with Constable Nirendra Chandra Moulick. (o) P.W.15 S.I Debobrata Chakraborty is the Investigating Officer of this case. Thus, it is apparent that the prosecution relied on evidence of three eye witnesses of the incident being P.W.2, P.W.8 and P.W.9 to show that the accused assaulted his father on that date of incident at the place of occurrence when the deceased was talking with P.W.2, P.W.8 and P.W.9 regarding construction work and at that point of time accused came there from his house with a Hasua and assaulted the deceased twice on his chest and leg with that Hasua and due to the said assault the deceased expired there. Beside that the prosecution also relied on the post mortem report which says that the death was caused due to the effect of the ante mortem injuries.;