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2017 Supreme(Cal) 201

DEBASISH KAR GUPTA, MD.MUMTAZ KHAN
Sk. Gopal @ Mehrul – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Appellants :Milon Mukherjee, ld. Sr. Advocate, Prabir Mazumder, Sujoy Sarkar, Advocates.
For the Respondent:Sudip Ghosh, Ranabir Roy Chowdhury, Advocates.

JUDGMENT :

Debasish Kar Gupta, J.

1. These appeal are directed against a judgement and order of conviction dated November 27, 2014 and sentence dated November 28, 2014 passed by the learned Additional District & Sessions Judge, Bolpur, Birbhum in Sessions Trial No.12 (June)/2013 arising out of Sessions Case No.114 of 2013 (22 of 2013) convicting the appellant for commission of offence punishable under Sections 341/302/34 of Indian Penal Code, 1860 (hereinafter referred to as the I.P.C.) and sentencing him to suffer imprisonment for one month for commission of offence punishable under Section 341 of the I.P.C. and to suffer imprisonment for the rest of his life or 30 years, whichever is earlier and to pay a fine of Rs.5000/- for commission of offence punishable under Section 302 of the I.P.C., the sentences being directed to run concurrently.

2. The backdrop of these appeals in a nutshell is as under :-

On November 17, 2012 at about 18.30 hours one Chittaranjan Mondal (the deceased person) was on his way to Amnahar along with Sri Rajib Ghosh (PW 2) for making arrangement for labour to reap paddy. When they reached near Kashiyara Primary School at Sainthia Dangal the appellant along with




















































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