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2022 Supreme(Cal) 209

JOYMALYA BAGCHI, ANANYA BANDYOPADHYAY
Md. Firoz Ala @ Firoj Alam – Appellant
Versus
State of West Bengal – Respondent


Advocate Appeared:
For the Appellant:Kallol Kumar Basu, Md. Jannat Ul Firdous, Tithi Majumder, Advocates
For the Respondents:Swapan Banerjee, Purnima Ghosh, Advocates.

JUDGMENT :

Joymalya Bagchi, J.

1. Appeal is directed against the judgment and order dated 15.02.2009 and 16.02.2009 passed by the learned Additional Sessions Judge, Fast Track Court-II, Tamluk, Purba Medinipur, in Sessions Trial Case No. 3(8)14 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 fine of Rs. 5,000/-, in default of payment of fine to suffer rigorous imprisonment for six months more for the offence punishable under Section 302 of the Indian Penal Code.

2. On 27.12.2013 Sk. Farhad, a 10 year old boy, had gone out to fly kite with his friends. He did not return home in the evening. His mother Rasida Begum (P.W.2) became worried and started searching for him. The boy could not be found. On the next day, that is, 28.12.2013 in the morning, one Sk. Salauddin (P.W.7) found the body of a boy lying in the canal near Simulhanda Primary School. He informed his father Sk. Badiruddin (P.W. 8) who in turn informed the family members of the missing child. Body of the child was identified by his mother and other relations. It was sent for post mortem examination.

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