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2017 Supreme(Cal) 107

NADIRA PATHERYA, DEBI PROSAD DEY
State of West Bengal – Appellant
Versus
Lal Chand Mia – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sudipta Maitra, Amjad Ali, Mausam Ali Sarder
For the Respondents: Manjit Singh, Paban Kumar Gupta, Rudradipta Nandy, Pratick Bose

JUDGMENT :

Debi Prosad Dey, J.

1. This death reference arises out of the judgment and order of conviction passed by the learned Additional Sessions Judge, Mathabhanga, Cooch Bihar in sessions trial No. 07(05)/2013 (arising out of sessions case No. 420/2012) whereby and whereunder the learned Additional Sessions Judge, Mathabhanga, Cooch Bihar convicted Lal Chand Mia alias Abdul Latif for the offence under Section 302 and 498A of the Indian Penal Code and sentenced him to suffer death for the offence under Section 302 and to suffer three years simple imprisonment for the offence under Section 498A of the Indian Penal Code.

2. Lal Chand Mia alias Abdul Latif has also preferred an appeal against the said judgment and order of conviction which has been registered as criminal appeal No. 227 of 2016.

3. The death reference case No. 03 of 2016 is accordingly taken up along with criminal appeal No. 227 of 2016. The appellant was charged under Section 302 and 498A of the Indian Penal Code for causing death of his wife.

4. The parents in law of the deceased and the brother of the appellant also were charged under Section 120B/302 of Indian Penal Code and 498A of Indian Penal Code. Learned Trial C


















































































































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