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2017 Supreme(Cal) 546

DEBASISH KAR GUPTA, MD.MUMTAZ KHAN
Kalu Roy @ Dilip – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
Milon Mukherjee, Rahul Ganguly, Jayanta Narayan Chatterjee, Balaram Sardar, Apalak Basu, Dwaipayan Biswas, Jolly Dey, Amit Biswas, Moumita Pandit, Tirthankar Dey, Priyanka Ghosh Chowdhury, Emon Bhattacharya, Ranabir Roychowdhury, Mainak Gupta

JUDGMENT :

Md. Mumtaz Khan, J.

This appeal has been preferred by the appellants assailing the judgment and order of conviction and sentence dated February 26,2009 and February 27,2009 respectively passed by the learned Additional Sessions Judge, Bongaon, North 24-Parganas in Sessions Trial No. 1(12)08 arising out of Sessions Case No. 1(11)07. By virtue of the impugned judgment appellants were convicted and sentenced to suffer imprisonment for life and to pay a sum of Rs. 1,000/- each in default of which each of them to suffer rigorous imprisonment for one month for commissioning of the offence punishable under Section 302/120B of the Indian Penal Code (hereinafter referred to as IPC).

2. The case of the prosecution, in brief, is as follows:

On June 10, 2007, one telephonic information regarding the death of the victim, Subhas Biswas was received by Officer-in-charge of the Gopal Nagar P.S. (P.W.25). He then after diarizing the said information in the P.S register instructed S.I. Gopal Chandra Naskar (P.W.23) to proceed to that place and investigate the matter. Thereafter, both P.W.23 and P.W.25 proceeded to the place of occurrence and on reaching there they found the dead body of the v














































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