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2022 Supreme(Cal) 405

DEBANGSU BASAK, BIBHAS RANJAN DE
Sanatan Goswami @ Thakur – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Mr. Sandipan Ganguly, Sr. Adv, Mr. Dipanjan Dutt, Adv, for the Appellant; Mr. Sanjay Bardhan, Adv, Ms. Amita Gaur, Adv, Mr. Palash Chandra Majhi, Adv, for the Respondent

JUDGMENT

Debangsu Basak, J. - The appellants have assailed the judgement of conviction dated September 17, 2021 and the order of sentence dated September 21, 2021 passed by the Learned Additional District and Sessions Judge, 2nd Court, Purulia in SC (SPL) Case No. 34 of 2017. The appellants have been represented by the learned senior advocate Mr. Sandipan Ganguly and advocate Mr. Dipanjan Dutt as amicus curiae. By the impugned judgement of conviction and the order of sentence, the appellants had been held guilty of murdering a child of three years old and sentenced to death. A death reference has been made to this Hon'ble Court by reason of such order of sentence of death. The two appeals and the death reference have been heard analogously.

2. The case of the prosecution is that, Prosecution Witness (PW ) No. 1 had lodged a complaint with the police on July 14, 2017. In such complaint, he had stated that, he was working as coordinator of Non-Government Organization (NGO) Childline. On July 11, 2017 at night, a three years old girl child had been admitted at the Sadar Hospital at Purulia by her mother. He had learnt that the child had been severely physically tortured. When the child

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