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2012 Supreme(SC) 584

SWATANTER KUMAR, FAKKIR MOHAMED IBRAHIM KALIFULLA
Rakhal Debnath – Appellant
Versus
State of West Bengal – Respondent


Advocates appeared:
For the Appellant:Ravi Kumar Tomar, Amitava Acharjee, H.B. Tiwari, Ms. Smriti, Advocates.
For the Respondent:Chanchal Kumar Ganguly, Avijit Bhattacharjee, Advocates.

Judgment :-

Fakkir Mohamed Ibrahim Kalifulla, J.

1. The first accused is the appellant. The appellant was proceeded against for offences under Sections 306 and 498A of IPC. The Trial Court acquitted the appellant and by the impugned order, the High Court while reversing the judgment of the Trial Court found the appellant guilty on both the charges and imposed the sentence of imprisonment of 10 years and also a fine of Rs.10,000/-, in default to suffer further one year rigorous imprisonment for the offence under Section 306 of IPC. He was also sentenced to suffer rigorous imprisonment for three years apart from fine of Rs.10,000/-, in default to suffer further rigorous imprisonment for one year for the offence under Section 498A of IPC. Both the sentences were directed to run consecutively. The High Court thus partly allowed the appeal of the State. The acquittal of the second accused, however, was confirmed by the High Court.

2. The case of the prosecution was that the appellant got married to the deceased Krishna as per Hindu rites and customs on 22.04.1987. The unfortunate incident of the death of the deceased Krishna occurred on 26.05.1987 when she was admitted to SSKM Hospital

















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