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2021 Supreme(Cal) 56

TIRTHANKAR GHOSH
Amijuddin Sk – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Md. Manuwar Ali, Ms. Sifa Sultana.
For the Respondent: Mr. S.G. Mukherjee, Mr. Sandip Chakraborty, Ms. Faria Hossain

JUDGMENT :

Tirthankar Ghosh, J:

1. The present appeal has been preferred against the Judgment and Order of conviction and sentence dated 12.09.2019 & 13.09.2019 passed by the learned Additional District & Sessions Judge, 2nd Fast Track Court, Jangipur, Murshidabad in Sessions Trial No. 1(11)/2018 arising out of Sessions Case No. 94/2018, wherein the learned trial Court was pleased to hold the appellant guilty for commission of offences punishable under Section 489B and 489C of the Indian Penal Code and sentenced him to suffer as follows:

    i. Rigorous imprisonment for 7 years and fine of Rs.10,000/- i.d., to suffer further rigorous imprisonment for 6 months for the offence under Section 489B of the Indian Penal Code.

ii. Rigorous imprisonment for 5 years and fine of Rs.5,000/- I.D., to suffer further rigorous imprisonment for 3 months for the offence under Section 489C of the Indian Penal Code.

2. The prosecution case in short is as follows :

One Badal Mondal, Sub-inspector of police attached to Farakka Police Station addressed a letter to the Inspector-in-charge, Farakka Police Station to the effect that on 02.04.2018 at 13.55 hours in course of discharging vehicle checking duty at Khair

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