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2013 Supreme(SC) 1048

SUDHANSU JYOTI MUKHOPADHAYA, V.GOPALA GOWDA
SUBHASISH MONDAL @ BIJOY – Appellant
Versus
STATE OF WEST BENGAL – Respondent


JUDGMENT

V. Gopala Gowda, J.:-This appeal is filed by the appellant– Subhashish Mondal @ Bijoy, against the final judgment and order dated 29.09.2006, passed by the High Court at Calcutta in Criminal Appeal No. 398 of 2003, whereby the High Court dismissed the appeal of the appellant and upheld the verdict of the trial court convicting him under Section 302 of the Indian Penal Code (in short “IPC”) on the charge of double murder of his brother and mother and sentencing him to imprisonment for life and to pay a fine of Rs.1,000/-and in default of payment of fine, to undergo further simple imprisonment for three months. The present appeal is filed urging certain grounds and legal contentions, praying to set aside the impugned judgment and order of the High Court and to reverse the conviction and sentence passed by the courts below.

2. The facts of the case are stated in brief. The appellant, Subhasis Mondal was charged with the murder of his elder brother, Debasis Mondal and his mother, Bithika Mondal at their house in Kharagpur town, based on the FIR filed by one Srinivas Rao who used to reside in the quarter beside the quarter of the victims. The trial court found him guilty for th












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