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2023 Supreme(Cal) 21

DEBANGSU BASAK, MD. SHABBAR RASHIDI
Anil Mandal – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Aniruddha Singh, Advocate, Avishek Bhandari, Advocate, Hemanda Kr. Das, Advocate, Nepesh Majhi, Advocate, S.S. Roy, Advocate, Santanu Banaerjee, Advocate, Pronojit Roy, Advocate, Sandipan Ganguly, Advocate, Bihash Kr. Mukherjee, Advocate, Sourav Kr. Mukherjee, Advocate, Manaswita Mukherjee, Advocate, Niladri Chakraborty, Advocate, Saswata Gopal Mukherjee, Advocate, Sandip Chakraborty, Advocate

JUDGMENT

Debangsu Basak, J. - The appeal was directed against the judgment and order of acquittal dated November 28, 2019 passed by the learned Additional District and Sessions Judge, Fast Track Court, Rampurhat, Birbhum in Sessions Trial No. 44/ September, 2018 arising out of Case No. 77 of 2018.

2. By the impugned judgement and order the respondents Nos 2 to 9 were acquitted of the charges under Sections 325/304/149 of the Indian Penal Code, 1860.

3. Learned Advocate appearing for the appellant submitted that, the prosecution examined 5 witnesses at the trial. Out of the 5 witnesses, 2 were injured eyewitnesses. He submitted that, some persons received injuries in the incident and one person died.

4. Learned advocate appearing for the appellants submitted that, PWs 1, 2 and 5 saw the incident of assault on the victims. According to him, the prosecution witnesses established beyond reasonable doubt the involvement of the respondent Nos. 2 to 9 in the crime.

5. Referring to the Post Mortem Report, learned advocate appearing for the appellant submitted that, such Post Mortem Report was marked as an Exhibit without any objection on the part of the respondent Nos. 2 to 9. The Post Mortem R

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