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1995 Supreme(Cal) 298

BASUDEVA PANIGRAHI, M.G.MUKHERJI
ASHOK BAIRAGYA – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
ASHOK BISWAS, KAZI SAFIULLA, KISHORE MUKHARJI, SASANKA KUMAR GHOSH

B. PANIGRAHI, J.

( 1 ) THIS appeal assails the order of conviction dated 30th January, 1980 passed by the Ld. Sessions judge, Bankura and sentence to undergo rigorous imprisonment for life.

( 2 ) THE prosecution story stated in brief is that deceased, Subhadra, the sister of P. W. 1 was given in marriage to the appellant Asok Bairagya on 9 Baisakh, 1892 B. S. After the marriage she used to live for sometime is his house and one month before the date of incident she came to the house of P. W. 1 accompanied by her father-in-law. On 7. 8. 85, the appellant came to the house of P. W. 1 and impressed his family members that he would take back Subhadra to his house and on his way would take her to the house of his Mashi (maternal aunt) at village Rasbehari within P. S. Kotulpur. On 9. 8. 85 at about 10 A. M. the appellant and P. W. 1's sister, Subhadra proceeded from the house of P. W. 1 towards Mashi's house of the appellant. On the way around 3/5. 30 P. M. one Sanyasi Mallick (P. W 6) saw both the appellant and deceased beyond Kotulpur. On the following morning that is 10. 8. 85 at about 6 A. M. the appellant came to the house of P. W. 1 with his brother, Dilip and narrated that befo






























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