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2022 Supreme(Cal) 445

DEBANGSU BASAK, BIBHAS RANJAN DE
Tarun Santra Alias Tore – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Mr. Angshuman Chakraborty, Adv, Mr. Avik Ghatak, Adv, Mr. Amit Ranjan Pati, Adv. Mr. S. S. Saha, Adv, for the Appellant; Mr. Saibal Bapuli, Ld. APP, Mr. Bibasan Bhattacharya, Adv, for the Respondent

JUDGMENT

Debangsu Basak, J. - The appellant has assailed the judgement of conviction dated December 19, 2019 and the order of sentence dated December 20, 2019 passed by the Additional Sessions Judge, Fast Track 1st Court, Alipore, South 24 Parganas in Sessions Trial No. 01(02) of 2016 arising out of Sessions Case No. 09 (11) of 2015.

2. By the impugned order of conviction, the appellant has been found guilty of offences under Section 302/201 of the Indian Penal Code, 1860 and 27(1) of the Arms Act. The appellant has been sentenced to rigorous imprisonment for life by the impugned order of sentence dated December 20, 2019.

3. The case of the prosecution is that, the father of the victim had lodged a written complaint dated November 10, 2012 which had been registered as Budge Budge Police Station Case No. 352/12 dated November 10, 2012 under Section 498A/ 302/ 201/ 34 of the Indian Penal Code, 1860. According to the prosecution, the appellant had murdered the victim on November 9, 2012. The victim had succumbed to gunshot injuries. The fire arm had been recovered on the leading statement made by the appellant. The post mortem report of the victim had confirmed the death of the victim by

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