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2019 Supreme(Cal) 733

MD.MUMTAZ KHAN, JAY SENGUPTA
Ketab Ali – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Appellant : Mr. Sekhar Kumar Basu, Mr. Debasish Roy.
For the State : Mr. Navanil De.

JUDGMENT :

Jay Sengupta, J.

1. This appeal is directed against the judgment and order of conviction dated 06.09.2006 and sentence dated 07.09.2006 passed by the Learned Additional Sessions Judge, Fast Track Court, Dinhata, Cooch Behar in Session Trial 1/Nov/2005: Sessions Case No. 09/2005, thereby convicting the three appellants under Sections 302, 498A read with Section 34 of the Penal Code and sentencing each of them to suffer life imprisonment and to pay a fine of Rs. 10,000/-, in default to suffer simple imprisonment for one year for the offence under Sections 302 read with Section 34 of the Penal Code and to suffer rigorous imprisonment for three years and to pay a fine of Rs. 3000/-, in default to suffer simple imprisonment for three months for the offence under Section 498A read with Section 34 of the Penal Code, both the sentences having to run concurrently.

2. On 10.01.2004 at about 13:15 hours PW 1 lodged a First Information Report with the Dinhata Police Station under Section 498A of the Penal Code. Subsequently, Section 302 of the Penal Code was added as the victim passed away. PW 1 alleged that his daughter Esmatara got married to the appellant no. 1 Ketab Ali about three

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