- (1.) These appeals are directed against the decision of the Additional Sessions Judge, 2nd Court, Murshidabad at Berhampore, dated 19th July, 2011 in Sessions Sl. No.469 of 2006, Sessions Trial No.1 of July, 2007. The Sessions Court has found all the appellants guilty of the offences punishable under Section 302 read with Section 34 of the IPC. Each of them has been convicted and sentenced to suffer rigorous imprisonment for life till death and to pay a fine of Rs. 10,000/- (Rupees ten thousand only) each; in default of payment of fine they have been directed to suffer rigorous imprisonment for a further period of six months.
(2.) The prosecution alleges that one Yunus Mallick was killed by the appellants on 4th April, 2005 at about 5 a.m. They encircled him and when the accused Anarul Sk. exhorted them to assault and beat Yunus, the appellant Hudai Sk. hit Yunus on the back with a bomb while the appellant Marijul Sk. hurled a bomb aiming at the victim's hip. Yunus died instantaneously. According to the prosecution the incident had occurred because of the enmity between the Mallick and Sk. families. This arose because one Sajarul Mallick married Malina Bibi who was earlier married to his maternal uncle Surman Sk. The parties tried to settle their differences. But the Sk. family objected to the return of the couple to the village. Another dispute arose between the two families when Rabiul Mallick and Jadatir Rahaman Sk. were playing carom on 3rd April, 2005. It appears that though the dispute was attempted to be resolved through the village elders, at about 7 p.m. on that day the Sk. family hurled bombs around the house of Mallick family. Fortunately nobody was injured on that day. Their differences ultimately resulted in the death of Yunus Mallick.
(3.) The appellants were arrested soon after the incident. They were tried by the Sessions Court after the case was committed. As mentioned earlier all of them have been convicted and sentenced by the Sessions Court.;