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2004 Supreme(Cal) 755

BHASKAR BHATTACHARYA, ARUN KUMAR
NAZRUL MONDAL – Appellant
Versus
STATE OF WEST BENGAL – Respondent


BHASKAR BHATTACHARYA, J.

( 1 ) THESE two appeals were heard analogously as those were preferred against a common judgement passed by the learned sessions Judge.

( 2 ) BY the said judgement, Sk. Nazrul, the appellant of the C. R. A No. 245 of 1985, was found guilty of the charges under sections 302/34,148 and 324/34 of the Indian Penal Code. For committing offence under sections 302/34 of the code, he was. sentenced to suffer life imprisonment. However, no separate sentence was imposed upon him for committing the offences under the other sections of the Code, mentioned above.

( 3 ) C. R. A No 219 of 1985 has been filed by other thirteen accused persons who have all been found guilty under sections 148 and 324/34 of the Code. For committing offence under section 148 of the Code, they have been sentenced to suffer rigorous imprisonment for two years and for the crime under sections 324/34, rigorous imprisonment of one year has been ordered. Both the sentences were, however, directed to run concurrently.

( 4 ) ALTHOUGH, all the appellants were also indicted under sections 326/34 of the Code for committing grievous hurt to Sk. Tohid and Sk. Mojahar, those charges could not be substa



















































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