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2022 Supreme(Cal) 948

JOYMALYA BAGCHI, BIVAS PATTANAYAK
Sambhu Mishra – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Mr. Sudip Ghosh Chowdhury, Adv. Mr. Arghya Das, Adv, for the Appellant; Mr. Neguive Ahmed, ld. A.P.P, Ms. Amita Gaur, Adv, for the Respondent

JUDGMENT

Joymalya Bagchi, J. - The appeal is directed against the judgment and order dated 29.11.2016 and 30.11.2016 passed by learned Additional Sessions Judge, Fast Track 2nd Court, Hooghly in Sessions Case No. 49 of 2012/202 of 2014 convicting the appellants for commission of offence punishable under Section 302/34 of the Indian Penal Code and sentencing them to suffer imprisonment for life and to pay a fine of Rs. 30,000/- each and in default to suffer further imprisonment for three years more.

2. Prosecution case, as alleged against the appellants is to the effect that on 27.09.2010 around 8.00 p.m., Apu Das had gone out of his house. At that time, he was assaulted by Sambhu Mishra with the assistance of his brother-in-law Sunil Das with a sharp cutting weapon.

3. Hearing hue and cry, Bishnupriya Das, mother of the victim (P.W. 1) rushed to the spot. Local people had also assembled at the spot. Seeing them, appellants fled away from the spot. Apu was removed to Chinsurah District Hospital where he was admitted. On the written complaint of Bishnupriya Das, Mogra Police Station Case No.167 of 2010 dated 27.09.2010 under Sections 341/326/34 of the Indian Penal Code was registered. A

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