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2011 Supreme(SC) 556

B.S.CHAUHAN, SWATANTER KUMAR
Arabindra Mukherjee – Appellant
Versus
State Of West Bengal – Respondent


Judgment :

Heard learned counsel for the parties.

The present Appeal is directed against the impugned judgment of the Division Bench of the Calcutta High Court dated 14th February, 2006 by which the High Court affirmed the conviction and sentence awarded by the learned trial court. The appellant was charged for offences under Sections 302, 364, 120B and 201 of the Indian Penal Code.

We may notice the necessary facts giving rise to the present Appeal.

The appellant was married to the deceased, namely, Nilima Mukherjee. After some time, there was matrimonial dispute between the husband and the wife. On 8 th May, 1997, the date of occurrence, the appellant went along with her cousin brother to the house of the deceased and requested her to go out with him for watching a movie in the cinema hall. She went with him and later on her body was found on a railway track. It is alleged against the appellant that he first murdered his ex-wife and thereafter threw her body on the railway track. For these reasons, he was charged with the above offences.

The contention raised before us by the learned Amicus Curiae, is that there is no evidence to directly connect the appellant with the commissi



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