The judgment established the principles of identifying assailants in darkness, the credibility of eyewitnesses, and the significance of post mortem evidence in murder cases.

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:-

3. On September 8, 2001 at about 20.00 hours, one Kurshed Ali since deceased and some others were playing cards at Hadira More of village-Ballichak, 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.

4. 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.

5. According to prosecution case, two years prior to the above incident, the elder brother of the appellant, namely Kalimuddin, was beaten to death by public on the ground of his attempted snatching. The appellant and his associates were under impression that the aforesaid Khurshed Ali was the mastermind of planning for killing their aforesaid brothers. They also used to threaten him with dire consequences.

6. A written complaint dated September 8, 2001, was lodged in the Debra Police Station, Ballichak, District-Paschim Medinipore at 20.35 hours by PW 3, the son of the deceased. On the basis of the aforesaid complaint FIR bearing Debra P.S. Case No.92/2001 dated September 8, 2001 was drawn against the appellant, Sk. Fazil, Sk. Habibul Rahaman, Sk. Jamal Ali with reference to U.D. Case No.52/2001.

7. Inquest examination over the dead body of the deceased was conducted at the southern verandah of the residence of the deceased on September 8, 2001 at 23.45 hours by PW 14, the investigating officer. The names of the appellant and his brothers Sk. Hafijuddin as also nephew Sk. Jamal Ali appeared in the above inquest report on the basis of preliminary investigation. PW 9 was one of the witnesses of the above inquest report.

8. PW 14 prepared rough sketch map of the place of occurrence in course of his investigation on the date of occurrence with reference to Debra P.S. Case No.92 of 2001.

9. Post mortem examination was conducted over the dead body of the deceased by PW 5 on September 9, 2001 at 15.15 hours at Medinipore Medical College & Hospital with reference to Debra P.S. Case No.92/2001 dated September 8, 2001.

10. The following injuries were detected in course of post mortem examination over the body of the deceased:-

“1. 1” deep injury on left chest wall.

2. ½” deep injury on the left side lower chest wall.

3. Fracture in lower rib on the left side.”

11. According to the opinion of the autopsy surgeon PW 5, the death was due to shock and hemorrhage due to the aforesaid injuries, which were ante mortem and homicidal in nature.

12. After