Debasish Kar Gupta, J. - (1.) This appeal is directed against judgment and order of conviction as also sentence dated January 31, 2006 passed by the Additional Sessions Judge, 1st Fast Track Court, Paschim Medinipur in Sessions Trial Case No.XLIII of April 2004 convicting the appellant for commission of offence punishable under Section 302/34 Indian Penal Code (hereinafter referred to as the I.P.C.) and sentencing him to suffer imprisonment for life as also to pay a fine of Rs.5000/- in default to suffer rigorous imprisonment for a further period of one year.
(2.) The backdrop of the case in a nutshell is as under:- On September 8, 2001 at about 20.00 hours, one Kurshed Ali since deceased and some others were playing cards at Hadira More of villageBallichak, District Paschim Midnapore. They heard shouting from Dakshin Para of the above village. They rushed towards the spot and on the way found that the appellant with "vojali" in his hand, Habibul with a "lathi" in his hand, Fazil with a knife in his hand and Jamal, who were moving towars them. According to the prosecution case, they also found one Aklima Bibi, the sister of the appellant, with bleeding injury on her hand. She stated in excited manner that one Akbar, son of Daulat Khan, made an attempt to kill the appellant with the help of some outsiders. The aforesaid Daulat Khan was the brother of aforesaid deceased person. According to the above Aklima Bibi, she got injury on her hand while she made an attempt to resist them. Khurshed Ali told his associates to find out the aforesaid Akbar.
(3.) Suddenly, Fazil and Jamal caught hold of the hands of Khurshed Ali saying that Kalimuddin, one of their brothers, had been killed under the instruction of the above Khurshed Ali. The appellant assaulted Khurshed Ali with a sharp cutting weapon "vojali" on the chest of the above Khursid Ali. He was shifted to the chamber of Bablu Doctor, who declared him dead.;