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2020 Supreme(Cal) 444

JOYMALYA BAGCHI, SUVRA GHOSH
SK Anarul – Appellant
Versus
State Of West Bengal – Respondent


Advocates Appeared:
Tapas Ghosh, Advocate, Tanmoy Choudhury, Advocate, Arun Kumar Maity, Advocate, Kaveri Maity, Advocate, Trina Mitra, Advocate
Final Result : Disposed

JUDGMENT

Joymalya Bagchi, J. - The appeal is directed against the judgment and order dated 30.7.2014 and 31.7.2014 passed by the learned Additional Sessions Judge, Bolpur, Birbhum in Sessions Trial No.2 (June), 11 arising out of Sessions Case No.67 of 2010 convicting the appellant for commission of offence punishable under Sections 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs.5,000/-.

2. Prosecution case, as alleged, against the appellant is to the effect that on 12.11.2007 appellant had kept fertilizer on the land of Sk. Keramat (P.W. 6). When Sk. Keramat requested the appellant to remove the fertilizer a quarrel ensued amongst themselves around 1:00 p.m. In the course of quarrel, other accused persons arrived at the spot being armed with various weapons and attacked Sk. Keramat. Wife and son of Sk. Keramat (P.W.s 9 and 2), his brother Sk. Samsul (P.W. 1), his son (P.W. 8) and wife (the deceased) rushed to the spot to help Keramat. A free fight ensued. Sk. Samsul and others suffered injuries. In the course of fight, appellant assaulted Manora Bibi, wife of Sk. Samsul, with a sabal on the head resulting in her death

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