JUDGMENT

Nishita Mhatre, J.— The appeals are directed against the decision of the Additional District and Sessions Judge Fast Track Court, Jhargram in Sessions Trial No. 53/March/98 by the impugned judgment dated 24th February, 2006 the Trial Court has convicted both the appellants Mohidul has been found guilty of the offence punishable under Section 302 while Anisur has been convicted under Section 302 read with Section 109 of the Indian Penal Code. Both of them have been sentenced to life imprisonment. In addition Mohidul has been directed to pay a fine of Rs.5,000 (Rupees Five Thousand only) and in default of payment of fine, he is required to undergo simple imprisonment for a period of two years. Besides the jail sentence Anisur has been fined Rs.15,000 (Rupees Fifteen Thousand only) and in default of payment of the fine, he has been sentenced to undergo simple imprisonment for three years.

2. Ashok Shit PW 4 was informed by one Kumed Mahato at 10.30 p.m. on 6th June, 1997 that somebody had been murdered in his newly constructed house. He rushed to the house where he had permitted hawkers from Murshidabad to reside. He heard a cry from the room “Save me”. The police from Belpahari Police Station arrived after being informed by Kumed Mahato. The door was broken open and they entered the room. They found Sahidul Sk. writhing in pain on the floor with a bleeding injury in his abdomen. A knife was lying near Sahidul. They went into another room and found a new boy sitting on the beam with a big dagger in his hand. Sahidul was taken to the Belpahari Hospital and the police took the persons sitting on the beam in his custody. The doctor recorded a statement of Sahidul which was made in the presence of the staff of the Hospital and PW 4. The victim mentioned that Mahidul had stabbed him in the abdomen with the knife. Sahidul died in the hospital after informing the doctor his home address. Ashok Shit filed the complaint and the FIR was registered.

3. It appears from the record that the statement of Mohidul was recorded under Section 164 of the Cr.P.C. However, that statement was not exhibited, nor is a copy of the same on the record before the trial Court. On the basis of that statement Anisur was arrested. The statement was made on 9th June, 1997 and Anisur was produced before the Court on the same day.

4. The dying declaration of the victim has been recorded by the doctor, PW 9 at the Belpahari Hospital. The victim has mentioned therein that Mohidul had stabbed him in the abdomen an hour before he was brought to the hospital. The victim has also stated that he and Mohidul used to hawk aluminium articles at Belpahari. He mentioned that his boss stayed in Sagina Hotel in Kharagpur. The statement was recorded in the presence of two members of the hospital staff. They have signed the dying declaration along with PW 9.

5. An inquest was conducted in the hospital. This inquest report had been signed by PW 9 and PW4, the complainant.

6. The post-mortem report indicated that the death was due to severe blood loss following the injury which was homicidal in nature.

7. PW1 has written the complaint as dictated by PW4. He has stated that he called the police to the place of occurrence, that is, the house of Ashok Shit. He has witnessed the seizure of certain articles from the room. However he had not seen the incident at all.

8. PW2 is also a seizure witness.

9. PW3 was present when the police broke open the door of Ashok Shit’s house where the incident occurred. He has mentioned that Mohidul and perhaps Sahidul the victim were tenants in Ashok Shit’s house. He had hawkers whom he had seen. He had stated that Mohidul hid on the beam just below the tiled roof of the room. According to this witness he was present when the injured victim was taken to the hospital. He claimed that the victim had mentioned the name of the assailant and that the doctor had probably recorded the same.

10. PW4 Ashok Shit, the complainant has reiterated what he ha