LAWAB ALIAS LABAB ALI MOLLA Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
LAWAB ALIAS LABAB ALI MOLLA
STATE OF WEST BENGAL
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R.Bhattacharya, J. -
(1.)This criminal appeal is directed against the order of conviction and sentence passed by the learned Additional Session Judge against the appellant alias Labab All Molla in S.T.2(1)94 for having committed an offence of murder of his brother Jahurali.
(2.)The learned court below passed an order of conviction and sentence of life imprisonment and to pay a fine of Rs. 10,000/-with hard labour, in default, for two years more.
(3.)The story briefly.
The case of the prosecution reveals the savage outburst of temper over a trilling matter which snatched away the life of one of the brothers who was born of the same womb, one of whom is the appellant before us.
They used to put up in the same ancestral bastu but in different mess.
The fateful incident occurred on 27.3.91 over the felling of bamboos situated on a land of common ownership. The brothers fell out against each other and by the blow of a ballam, on the umbelical region of Jahumli of which the appellant was the author, caused his death.
An alarm was raised and the neighbours which included amongst others their relations living in an around the ancestral basin in their village poured in.
Rajah All, the son-in-law immediately sought for the aid of a Doctor in vain as he was found him dead on his return. Not only Abut but also file deceased of the wife gave a copy book account of the assault including the architect of the heinous crime.
Rajah Ali laid an information with the P.S. which consequently gave rise to Bhangra PS Case dated 27.3.91 under section 302 of the IPC.
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