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2016 Supreme(Cal) 998

NADIRA PATHERYA, DEBI PROSAD DEY
State of West Bengal – Appellant
Versus
Tapas Mondal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Joy Sengupta, Mr. Partha Sarathi Basu, Mr. Arnab Sengupta
For the State : Mr. Manjit Singh, Mr. Pratik Bose, Mr. Pawan Kumar Gupta

JUDGMENT :

Patherya, J.

This death reference is directed against the order of conviction and sentence dated 8th September, 2015 and 9th September, 2015 passed by the Additional Sessions Judge, 3rd Fast Track Court, Berhampore in Sessions Trial No.12(12)08 and 02(01)12 arising out of Sessions Serial No.956 of 2008 whereby and where under the Trial Court sentenced the accused appellant to death for the offence under Section 302 I.P.C and for the offence under Section 304B I.P.C. to suffer R.I. for life and pay fine of Rs.10,000/- in default R.I. for two years and to pay fine of Rs.2000/- for the offence under Section 498A I.P.C. in default R.I. for four months. The sentences were to run concurrently. While passing of the said order a reference was made by the Trial Court under Section 366 Cr.P.C. and it is only pursuant thereto that the reference has been placed before us for confirmation of the death reference.

2. The accused appellant has also filed an appeal against the order of conviction and sentence which has been registered as CRA 773 of 2015. Both the death reference being Death Reference No.7 of 2015 and Criminal Appeal No.773 of 2015 arise from the common order of conviction a





































































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