DEBASISH KAR GUPTA, MD.MUMTAZ KHAN
Shyam Sabar – Appellant
Versus
State of West Bengal – Respondent
Debasish Kar Gupta, J.
1. This appeal is preferred by the appellants assailing a judgment and order of conviction dated December 10, 2013 and sentence dated December 11, 2013 passed by the learned Additional District & Sessions Judge, Fast Track 2nd Court, Purulia in Sessions Trial No.46/13 arising out the Sessions Case No.254/11. By virtue of the impugned judgment and order of conviction dated December 10, 2013 the appellants were held guilty of the offence punishable under Sections 302/34 IPC and convicted thereunder and sentenced each of them to suffer rigorous imprisonment for life and to pay fine of Rs. 10,000/- only to the de facto complainant, for each of the convict and in default of payment of such fine, to suffer a further period of rigorous imprisonment of one year, for each in connection with the offence under Section 302 IPC.
2. The prosecution case, in brief was as under:-
A written complaint dated August 27, 2011 was lodged in Manbazar Police Station, District-Purulia at about 5/5.30 hours, by Bibhisan Sabar of village Jamda Bhasapara, stating therein that there was an altercation in between the deceased (who was the father of the complainant), and the appella
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