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2021 Supreme(Cal) 337

BIBEK CHAUDHURI
Nur Islam @ Md. Noor Islam – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Kaushik Choudhury, Adv., Ms. B. Khatun, Adv.
For the Respondent: Mr. Sudip Ghosh, Adv., Mr. Bitasok Banerjee, Adv., Mr. Bibuswan Bhattacharya, Adv.

JUDGMENT :

Bibek Chaudhuri, J.

1. The instant appeal is directed against the judgment and order of conviction and sentence dated 18th December, 2018 and 19th December, 2018 respectively passed by the learned Additional Sessions Judge, 2nd Court, Islampur, Uttar Dinajpur in Sessions Case No. 70 of 2017 and Sessions Trial No. 73(06)/2017 convicting the appellant for committing offence under Sections 307/324 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for two years and to pay fine of Rs.3,000/-, in default, to suffer further rigorous imprisonment for a period of two months for the offence punishable under Section 307 of the Indian Penal Code and simple imprisonment for a period of one year with fine and default clause for the offence punishable under Section 324 of the Indian Penal Code.

2. On 18th February, 2015 at about 1/1.30 P.M., the younger daughter of the de facto complainant was sweeping the courtyard of their house. At that time, the wife of the appellant who happens to be her aunt abused her with filthy language and asked her to stop sweeping on the ground that dust particles were floating towards their house. When she went on sweeping the courty

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