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2022 Supreme(Cal) 431

DEBANGSU BASAK, BIBHAS RANJAN DE
Badal Ghosh – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Mr. Sudipto Moitra, Advocate Mr. Samiran Mandal, Advocate, Mr. Abhinaba Dan, Advocate Mr. Vijay Verma, Advocate, Mr. Dwaipayan Biswas, Advocate, for the Appellant; Mr. Madhusudan Sur, Ld. APP, Mr. Dipankar Pramanik, Advocate, for the Respondent

JUDGMENT

Bibhas Ranjan De, J. - This is an appeal directed against the judgement passed by Ld. Additional District and Sessions judge, 1st Court, Bankur and Special Court under Schedule Caste and Scheduled Tribe (prevention of Atrocities) Act (for short S.C S.T (POA) whereby, Ld Judge convicted appellants Badal Ghosh and Sristidhar Ghosh for the offence under Section 302 Indian Penal Code (for short IPC) by an order dated 28th January 2018 and sentenced them to suffer rigorous imprisonment for life for the offence punishable under Section 302 IPC also to pay fine of Rs. 50,000/- in default to suffer further rigorous imprisonment for six (6) months. But, 13 accused persons were found not guilty of the charge under Sections 148/302/149 of IPC read with Section 3(i)(ii) of the S.C & S.T (POA) Act and they were acquitted.

Brief Facts:-

2. One Basudeb Digar son of late Ratan Digar, a resident of village Bhirbandi lodged a written complaint before officer in charge of Indus PS, Bankura to the effect that on 09.12.1997 at about 5 p.m. 26 accused persons and many others armed with weapons like gun, tangi, spear came for Bhurbandi village and threatened Basuded to withdraw Bihsnu MP Case No. 3

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