S.K.Mookherjee, J. - (1.) Thus criminal appeal is directed against the order of conviction and sentence passed by the learned trial court in Session Case No.142 of 1988/Session Trial No. 4th of April 1990 against the accused Gulam Murtaja @ Patal for having committed offences under sections 302 & 324 of the IPC and convicted him accordingly sentencing Gulam Murtaja to suffer imprisonment for life as the learned trial court found Murtaja @ Patal as the author of causing the death of one Dil Rehman of village Hazipur, PS Mayureswar on 26.7.1987.
(2.) The other accused Sure Rehman, though tried under section 302 read with section 34 of the IPC for committing the murder of the said Dil Rehman, yet he was exonerated from the charges by the reason of the failure of the prosecution to ground any of the charges framed against him, about which, there is no sore of the State in the appeal.
(3.) The appeal has now spiralled up to this court by the aggrieved Gulam. The profile of the prosecution case has a chequered career as the parties are related to each other who became the slaves of chronic land dispute. The land dispute tore the relationship and snapped of the life of Dil Rehman for mere possession of 7 1/2 cathas of land received by the deceased by way of his share. Both the accused were tilling the land in the fateful morning on 26.7.87 when nobody knew that the sword of Democles was hanging on the prosecuting party as Dil Rehman became the target of macabre assault of which Gulam Murtaja was the architect. They were caught up in wordy duel. In consequence of the sequel, Dil Rehman suffered Koncha blows dealt by Gulam. Rejak and Rejaul Hak, both sons of the deceased, were not spared even by the accused. The co-cultivators in the meadow immediately came to their aid but the die was cast and all was over, since Dil Rehman breathed his last.;