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2013 Supreme(SC) 458

GYAN SUDHA MISRA, T.S.THAKUR
Khairuddin – Appellant
Versus
State of West Bengal – Respondent


JUDGMENT

T.S. THAKUR, J.

1. This appeal by special leave arises out a judgement and order dated 24th December, 2008, passed by the High Court of Calcutta, whereby Criminal Appeal No.291 of 1990 filed by the appellants has been dismissed, in the process confirming the conviction and sentence of imprisonment for life awarded to them by the trial Court for offences punishable under Section 302 read with Section 149 of the IPC, and Sections 148 and 323/149 of the IPC. A fine of Rs.2000/- was also imposed on each one of the appellants, in default of payment whereof the appellants were sentenced to undergo further imprisonment for a period of one year. Half of the amount realised towards fine was directed to be paid to the legal heirs of the deceased in equal share.

2. Facts giving rise to the commission of the offence and the registration of the case alleged against the appellants, as also their eventual conviction and sentence have been stated at length by the trial Court in its judgment and recapitulated even by the High Court in the order under appeal before us. We need not, therefore, recount the same over again except to the extent it is absolutely necessary to do so for the dispos





















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