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1996 Supreme(Cal) 408

SAMIR KUMAR MOOKHERJEE, RABIN BHATTACHARYYA
AFZAUDDIN ANSARY – Appellant
Versus
STATE – Respondent


Advocates Appeared:
ARABINDA GHOSH, SASANKA KUMAR GHOSH

SAMIR KUMAR MOOKHERJEE, J.

( 1 ) THIS criminal appeal is directed against the order of conviction and sentence passed by the learned Session Judge, Purulia in Session Trial No. 20 of 1989 where the learned court convicted all the accused persons under Section 302 read with Section 149 of the IPC. They were also found guilty of the offences having been committed by them under Section 323 read with Section 149 of the IPC. They were sentenced to suffer life imprisonment, although no separate sentence was passed by the learned court under Section 320 read with Section 149 of the IPC.

( 2 ) THE appellants, since affected by the decision of the learned court, have preferred the appeal for reversal of the order of conviction and sentence. In order to appreciate the contentions raised by the rival parties, it is worthwhile to give a brief resume of the facts though detailed by the learned court in his Judgment.

( 3 ) THE factual exposure, as highlighted by the case of the prosecution, relates to chronic dispute amongst the brothers over the landed properties which, according to the prosecution, snapped off the life of Basiruddin Ansari and the injuries inflicted on his sons for the expl



































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