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2020 Supreme(Cal) 186

JOYMALYA BAGCHI, SUVRA GHOSH
Jamini Barman – Appellant
Versus
State Of West Bengal – Respondent


Advocates Appeared:
Asis Sanyal, Advocate, Rana Mukherjee, Advocate, Sujata Das, Advocate

JUDGMENT

Joymalya Bagchi, J. - The appeal is directed against the judgment and order dated 30th January, 2016/1st February, 2016 passed by the learned Additional Sessions Judge, 3rd Court, Tamluk, Purba Medinipur in Sessions Case No. 10 (August) 2007 [Sessions Trial No. 08(01) 2008] convicting the appellants for commission of offence punishable under Sections 148/304 Part-I/149 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for three years and to pay fine of Rs.5,000/- each, in default, to suffer simple imprisonment for three months more for the offence punishable under Section 148 IPC and to suffer rigorous imprisonment for ten years and to pay fine of Rs.3,000/ each, in default, to suffer simple imprisonment for six months more for the offence punishable under Sections 304 Part-I/149 IPC; both the sentences to run concurrently.

2. The prosecution case as alleged against the appellants is to the effect that the appellants and other accused persons being armed with deadly weapons attacked Khudiram Dhara (PW1) and his brother namely, Badal Chandra Dhara (PW6) while they were cultivating the landed property of Menaka Barman (since deceased). Sushil Ch. Dh

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