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2023 Supreme(Cal) 80

JOYMALYA BAGCHI, AJAY KUMAR GUPTA
Ashique Arafat @ Asiq Arafat – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Moinak Bakshi, Advocate, Neguive Ahmed, Advocate, Trina Mitra, Advocate

JUDGMENT

Joymalya Bagchi, J. - Appeal is directed against judgment and order dated 22.06.2015 & 23.06.2015 passed by learned Additional District & Sessions Judge, 2nd Court, Tamluk, Purba Medinipur in Sessions Trial No.87(03) 2004 arising out Sessions Case No. 12(Feb) 2002 convicting the appellants for commission of offence punishable under Sections 396/412/201 read with Section 34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for ten years and to pay a fine of Rs.10,000/- each, in default, to suffer simple imprisonment for two years more for the offence punishable under Section 396 IPC; to suffer rigorous imprisonment for ten years and to pay a fine of Rs.5,000/-, in default, to suffer simple imprisonment for one year more for the offence punishable under Section 412 IPC and to suffer imprisonment for three years and to pay a fine of Rs.1,000/- in default, to suffer simple imprisonment for four months more for the offence punishable under Section 201 IPC. All the sentences to run concurrently.

2. Prosecution case as alleged against the appellants is to the effect that on 08.09.2001, Ashique Arafat, Sanjay Sen and Bidyut Dhal @ Bera hired a TATA Sumo ve

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