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2012 Supreme(Cal) 873

KANCHAN CHAKRABORTY
Dipak Jana – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
For the Appellats:Milon Mukherjee, Saswata Gopal Mukherjee, Advocates.
For the Respondent:Amarta Ghose, Advocate.

Judgment

Kanchan Chakraborty, J.

The challenge in this appeal is to the judgment and order dated 10th August, 2010 passed by the learned Sessions Judge, Purba Medinipore, in Sessions Trial No. 20/June/2008 thereby convicting the appellants under Sections 147/307 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for 2 years and to pay fine of Rs.2,000/-each.

2. The judgment has been assailed by the appellants on the following grounds:

(i) that the learned Trial Court failed to appreciate the evidence on record in its true and proper perspective;

(ii) that the learned Trial Court framed charge in a defective manner and, thereby, caused prejudice to the appellants;

(iii) that the learned Court failed to consider that no independent witness supported the prosecution case;

(iv) that the learned Court erred in relying the evidence of the P.W. 5 sacrosanct ignoring the fact the a criminal case was pending between the father of the P.W. 5 and the appellants;

(v) that the learned Court failed to take note of the fact that the injuries sustained by Debendranath Bera was simple in nature and could be self-inflicted;

(vi) that the learned Court failed to take note of
































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