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2022 Supreme(Cal) 761

JOYMALYA BAGCHI, BIVAS PATTANAYAK
Mofikul Islam @ Mofiqul Islam – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Ms. Sabana Hasin, Adv, for the Appellant; Mr. Neguive Ahmed, ld. A.P.P, Ms. Trina Mitra, Adv, Mr. Abhra Mukherjee, Adv. Ms. Mayukhi Mitra, Adv, for the Respondent

JUDGMENT

Joymalya Bagchi, J. - appeals have been preferred against the self-same judgment and order dated 20.12.2013 and 21.12.2013 passed by the learned Additional Sessions Judge, Fast Track, 2nd Court, Lalbagh, Murshidabad 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 a fine of Rs.3,000/-, in default, to suffer rigorous imprisonment for six months more.

2. As Criminal Appeal No. 119 of 2014 is prior in point of time, we hold Criminal Appeal No. 469 of 2014 is not maintainable and is accordingly dismissed. Criminal Appeal No. 119 of 2014 is taken up for hearing and disposed of on merits.

3. Prosecution case against the appellant is as follows:-

4. On 17.5.2011, the victim Dibarani Mondal, a young widow had gone to Lalbagh Hospital along with his brother Madhusudan Mondal (P.W.2) for treatment. They left their residence at 7.00 A.M. Dibarani was treated by Dr. Bibhash Mukherjee at the hospital who prescribed medicines. After purchasing medicines, Dibarani and Madhusudan came to the house of their relation Chhidam Mondal at village Amaipara under Jiaganj Pol

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