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2017 Supreme(Cal) 335

DEBASISH KAR GUPTA, MD.MUMTAZ KHAN
Nirapada Dhara – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Appellants :Bikash Ranjan Bhattacharya, Senior Advocate, Uday Sankar Chattopadhyay, Suman Sankar Chattopadhyay, Priyanka Dutta, Paulomi Banerjee, Advocates.
For the Respondent:Manjit Singh, Ld. Public Prosecutor, Ranabir Roy Chowdhury, Advocate.

JUDGMENT :

Debasish Kar Gupta, J.

1. This appeal is directed against a judgment and order of conviction passed by the Learned Judge, Special Court (E.C. Act)–cum Additional Session Judge, Hooghly, in Sessions Trial No. 56 of 2002, arising out of Sessions Case No. 138 of 2002, on July 26, 2010, convicting the appellants for commission of offence punishable under Section 304 Part-I read with Section 34 of the Indian Penal Code (hereinafter referred to as the I.P.C.) and sentence dated July 27, 2010 sentencing each one of them to suffer rigorous imprisonment for life with fine of Rs.5000/- each and in default of payment of fine amount to suffer rigorous imprisonment for further period of six months each as also convicting each of them for commission of offence under Section 342 read with Section 34 I.P.C. sentencing each of them to suffer rigorous imprisonment for one year with fine of Rs.1000/- each and in default of payment of fine amount each of them to suffer rigorous imprisonment for further period of one month each. Both the sentences were directed to run concurrently.

2. The backdrop of the case in a nutshell is as under:-

3. A written complaint was received in the Haripal Police S













































































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