Dhirubhai Naranbhai Patel, J. - (1.) The present appeal has been preferred by the original accused Nos. 2 to 7 against the judgment and order of conviction and sentence dated 27th July, 2001 and 30th July, 2001 respectively, passed by the Additional Sessions Judge, Pakur in Sessions Trial No. 243 of 1999 44 of 1999, whereby, the present Appellants -accused have been convicted for the offence punishable under Sec. 302 to be read with Sec. 149 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life. The present Appellants -accused have further been convicted for the offence under Sec. 148 IPC and sentenced to undergo rigorous imprisonment for three years. However, both the sentences were directed to run concurrently.
(2.) If the case of prosecution is unfolded the same is as under: It is the case of the prosecution that one Saiffuddin Sheikh (P.W.6) has lodged a first information report before Pakur Police Station on 20th March 1999 at 1.30 a.m. to the effect that on 19th March 1990 at about 8.00 p.m. when the informant was at his house with his brothers at Village Navrottampur, at that time accused Sirajul Sheikh (original accused No. 1) along with Dendar Sheikh (original accused No. 7), Mehruddin Sheikh (original accused No. 6) and Khushdil Sheikh (original accused No. 5) came at his house and they were addressing the brother of the informant (P.W.6) i.e. Shri Taimaddin Sheikh in high pitch voice that why he was throwing stones at the house of Jalalluddin Sheikh (original accused No. 4). In response to this, the informant (P.W.6) told them that his brother Taimuddin Sheikh was not throwing stones at the house of Jalaluddin Sheikh (original accused No. 4). The informant further told them that even if Taimuddin Sheikh had thrown stones at the house of Jalalluddin Sheikh, they are ready to go for Panchqyati, but, accused started beating the brother of the informant. Thereafter Jalalluddin Sheikh (original accused No. 4), Morsalim Sheikh (original accused No. 3) and Amrul Sheikh (original accused No. 2) came there with lathis in their hands and the original accused No. 1 i.e. Sirajul Sheikh, who was having Farsa in his hand caused head injuries to Taimuddin Sheikh, who is the brother of the informant. Thereafter, the accused ran away Taimuddin Sheikh was taken to Pakur Hospital but while going to hospital, he expired.
(3.) Upon registration of the first information report, investigation was carried out, statements of the witnesses were recorded, charge sheet was filed against the Appellant -accused along with other co -accused and after commitment the case was numbered as Sessions Trial No. 243 of 1999 and after appreciating the evidences on record, the Appellants have been convicted and sentenced for the offence punishable under Sec. 302 to be read with Sec. 149 and Sec. 148 of the Indian Penal Code for commixing murder of Taimuddin Sheikh. Against the said judgment and order of conviction and sentence, the present appeal has been preferred by the original accused Nos. 2 to 7.;