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2022 Supreme(Cal) 1061

JOYMALYA BAGCHI, RABINDRANATH SAMANTA
Dolon Sk. @ Tuhin – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Mr. Dilip Kr. Samanta, Advocate, Mr. Biswajit Hazra, Advocate, Mr. Debapriya Samanta, Advocate, Mr. Samrat Ghosh, Advocate, Mr. Archisman Sain, Advocate, Mr. Arit Mohammad Khan, Advocate Mr. Baidurya Ghosal, Advocate Mr. Subrata Karmakar, Advocate, for the Appellant; Md. Neguive Ahmed, A.P.P. Ms. Zareen N. Khan, Advocate Ms. Trina Mitra, Advocate, for the Respondent

JUDGMENT

Joymalya Bagchi, J. - With the consent of the parties, the appeal is taken up for hearing.

2. Appeal is directed against the judgement and order dated 6th September, 2018 and 7th September, 2018 passed by Learned Additional Sessions Judge, 1st Court, Jangipur, Murshidabad in Sessions Case No. 14 of 2017 and Sessions Trial No. 04(2) 2007 convicting the appellants for commission of offence punishable under Section 489B/489C of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for ten years each and to pay a fine of Rs. 20,000/-, in default to suffer simple imprisonment for two years more for the offence punishable under Section 489B. No separate sentence was imposed on the offence under Section 489C of the Indian Penal Code.

3. Prosecution case as alleged against the appellants is to the effect that on 19.09.2016 at around 14.30 hours S.I. Indranil Mahanto (P.W.1) along with P.Ws. 2, 4 and 5 went out of the police station on special mobile duty at Dhuliyan Ferry Ghat area where they found four persons were loitering suspiciously. They chased the miscreants and apprehended them. Number of local people assembled at the spot. They requested the local people

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