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1999 Supreme(SC) 777

G.T.NANAVATI, S.N.PHUKAN
Sumitra Banik – Appellant
Versus
State Of W. B. – Respondent


Judgment

Nanavati, J.-For the unnatural death of Debjani (Deyyani) five per­sons, namely, Chandranath Banik, Chandan Banik, Ashim Banik, Jayanti Banik and Sumitra Banik, who were her father-in-law, husband, brother-in-law and sister-in-law respectively, were tried in the Court of Additional District Judge, Alipore, in S.T. No. 4(5) of 1983. The case of the 6th accused, being a juvenile, was separated. The trial Court convicted all the five accused under Section 302 I.P.C. read with Section 34 I.P.C. and also under Section 201 I.P.C. read with Section 34 I.P.C. The husband and the father-in-law were sentenced to death and the rest of them were sentenced to suffer imprisonment for life for the offence of murder. All the five convicted accused appealed to the High Court and there was also a reference to the High Court for confirmation of the death sentence imposed upon the husband and the father-in-law. The High Court not only confirmed the conviction of the husband and the father-in-law but also the death sentence. Conviction of Sumitra was confirmed both under Section 201 read with Section 34 I.P.C. and under Section 302 read with Section 34 I.P.C. The appeal of Ashim and Jyanti was








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