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2017 Supreme(SC) 697

DIPAK MISRA, A.M.KHANWILKAR, MOHAN M.SHANTANAGOUDAR
Altab Gharami @ Atlab SK – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Appellants :- Bijan Kumar Ghosh, Adv.
For the Respondent:- Raja Chatterjee, Chanchal Kumar Ganguli, Ms. Runa Bhuyan, Piyush Sachdev, Parijat Sinha, Advs.

JUDGMENT

Mohan M. Shantanagoudar, J.

Challenge in this appeal is against the Judgment dated 22.08.2014, passed by the High Court of Calcutta in C.R.A No. 310 of 2009, by the convicted accused.

2. The appellants faced trial for certain offences including the offences punishable under Sections 307, 456, 427 read with 34 of the Indian Penal Code (hereinafter referred to as "I.P.C"). The Learned Additional Sessions Judge, Fast Track Court III, Krishnagar, Nadia convicted the appellants for the offences under Sections 307, 456 & 427 read with 34 of IPC, accordingly sentenced them to undergo R.I. for 5 years and fine of Rs. 5,000/- each, in default to suffer simple imprisonment for 1 year, R.I. for 3 years with fine of Rs. 2,000/- and simple imprisonment for 2 years and fine of Rs. 1,000/- respectively that shall run concurrently.

By the impugned Judgment, the High Court having found on facts that the appellants neither caused mischief within the meaning of section 425, I.P.C. nor had any intention or knowledge to commit murder in terms of Section 307, IPC thus convicted them for the offences under Section 326 read with Section 34 and under Section 456 r/w Section 34, IPC.

3. The case of the












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