The prosecution's case was fully established by the direct testimony of the eyewitnesses, which was corroborated by the medical evidence, and any failure or omission of the investigating officer could not render the prosecution case doubtful or unworthy of belief.

JUDGMENT :

MD. MUMTAZ KHAN, J.

1. These appeals have been preferred by the appellants assailing the judgment and order of conviction and sentence dated June 18, 2011 and June 22, 2011 respectively passed by the learned Additional District and Sessions Judge, Fast Track, 2nd Court, Malda in Sessions Case No. 75 of 2006. By the impugned judgment appellants were convicted for commission of offence punishable under Section 302/34 of the Indian Penal Code (hereinafter referred to as IPC) and were sentenced to suffer rigorous imprisonment for life and to pay fine of Rs. 1000/- each in default to suffer further rigorous imprisonment for one month each with a direction for set off as per provisions of Section 328 of the Code of Criminal Procedure (hereinafter referred to as CrPC) while accused Kuddus Sk. was found not guilty of the offence under Section 302/34 IPC and was, therefore, acquitted from the charge.

2. Prosecution case, in brief, is that on November 11, 1999 at about 6.30 p.m. while the deceased Ajlu Sk. and P.W.9 were gossiping, sitting on the road in front of the house of the Sejar Sk. of their village, then at that time accused/appellants and Kuddush Sk under the leadership of Lokman Sk. being armed with hasua, farsha etc and with an intention to kill Ajlu Sk. attacked him and struck him by hasua thereby causing grievous injuries on his person. Hearing the screaming of Ajlu Sk. and his companion when many people rushed to the spot accused persons fled away therefrom. P.W.6, on getting the news of the said incident rushed to the spot and seeing his brother's serious condition sent him to Malda Sadar hospital for treatment and lodged the complaint (Ext.2) at the Kaliachak P.S.

3. On the basis of that complaint received at the P.S. at 12.15 hrs. P.W.18 started Kaliachak P.S. Case No. 290 dated November 11, 1999 against the accused/appellants, Lokman Sk. and Kuddus under Sections 324/326/307/34 IPC and the case was endorsed to P.W.14 for investigation. Subsequently, section 302 IPC was added to the charges after the death of the victim Ajlu Sk.

4. Inquest over the dead body of the victim was held on November 12, 1999 at 12.05 hours at Malda Sadar Hospital in connection with English Bazar P.S. UD Case No. 490 dated November 12, 1999 by Sailesh Chandra Sarkar, a police officer of English Bazar P.S. and during inquest he found deep injuries of different dimensions on the head, neck, back, wrist, leg and other parts of the body caused by a sharp weapon. After inquest he prepared a report (Ext.1).

5. On the same day at around 1.50 p.m. P.W.10 held postmortem examination over the dead body of the deceased Ajlu Sk. and during examination he found several injuries namely --- i) incised wound enterio posterior 3" x 3/4" x brain deep at left side of frontal region of scalp, ii) incised wound oblique 2"/1/2" x brain deep at left parital region of scalp, iii)incised wound oblique 1 1/2" x 1/2" brain deep at left parital region of scalp, iv) incised wound oblique 1 1/2" x 1/2" muscle deep at left cheek, v) incised wound oblique 1 1/2" x 1/2" bone deep at left shoulder cutting scapula partly, vi) incised wound oblique 2" x 1/2" bone deep at left upper back cutting scapula partly, vii) incised wound oblique 1/2" x 1/2" skin deep at left shoulder, viii) incised wound oblique 2" x 1" bone deep at posterio medical aspect of left wrist cutting lower part of ulna completely, ix) incised wound oblique 6" x 1 1/2" muscle deep at left grutial region, x) incised wound oblique 2 1/2" x 1/2" x muscle deep at right grutial region and xi) incised wound oblique 4" x 2" x muscle deep at posterio aspect of right knee. On dissection of body he found internal organs pale and opined that death was due to the effects of the above injuries which were ante mortem and homicidal in nature and such type of injuries may be caused by a hasua.

6. P.W.14 thereafter on completion of investigation submitted charge sheet against the accused/appellants, Lokman Sk. and Kuddus Sk.