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2010 Supreme(Cal) 341

ASHIM KUMAR BANERJEE, KISHORE KUMAR PRASAD
SK. Eklash – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
For the Appellants:Jayanta Narayan Chatterjee, Uttam Basak, Subir Ganguly, Advocates. For the Respondent:Sandipan Ganguly, Samir Chatterjee, Advocates.

JUDGMENT:-

Kishore Kumar Prasad, J.

These two appeals arise out of a common judgment and order of conviction dated. 11.11.2005 passed by the learned Additional Sessions Judge, First Court, Howrah in Sessions Trial Case No. 268 of 2003 convicting the two appellants herein for the offences punishable under Sections 392/411 of Indian Penal Code.

The appellants were heard on question of sentence on 21.11.2005 and thereafter by an order passed on the same day i.e., on 21.11.2005, they were sentenced to suffer Rigorous Imprisonment for ten years for the offence punishable under Section 392 of Indian Penal Code. They were also sentenced to suffer Rigorous Imprisonment for three years for the offence punishable under Section 411 of Indian Penal Code. The sentences awarded to the appellants were ordered to run concurrently.

Having regard to the economic condition of the appellants, the learned Trial Court did not impose any fine against the appellants for the offences punishable under Section 392/411 of Indian Penal Code. Being aggrieved by the orders of conviction and sentence passed by the learned Trial Judge, the appellants have preferred the present appeals separately.

The prosecution























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