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2023 Supreme(Cal) 88

JOYMALYA BAGCHI, AJAY KUMAR GUPTA
Bhim Hazra – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Jyoti Prakash Chatterjee, Advocate, Kusal Kumar Mukherjee, Advocate, Parthapratim Das, Advocate, Zareen N. Khan, Advocate, Manasi Roy, Advocate

JUDGMENT

Joymalya Bagchi, J. - Appeals being CRA 343 of 2021 and CRA 345 of 2019 have been preferred against judgment and order dated 16.03.2019 & 18.03.2019 passed by learned Additional Sessions Judge, Kalna, Purba Bardhaman in Sessions Case No. 135 of 2006 (S.T. No. 07 of 2012) convicting the appellants viz. Raju Tudu and Bhim Hazra for commission of offence punishable under Sections 302/34 of the Indian Penal Code and sentencing them to suffer imprisonment for life and to pay a fine of Rs.5,000/- each, in default, to suffer simple imprisonment for six months more.

2. CRA 345 of 2019 was preferred by both the appellants viz. Raju Tudu and Bhim Hazra. Subsequently, appellant viz. Bhim Hazra preferred another appeal being CRA 343 of 2021. Hence, appeal being CRA 343 of 2021 preferred by appellant viz. Bhim Hazra is dismissed as not maintainable.

3. Prosecution case as levelled against the appellants is as follows :-Toton Chandra, the deceased, used to work as a mason under one Ganesh Khatua at Liluah. Appellants along with Palash Santra and Sanjay Das also worked under the same employer. A quarrel ensued amongst them with regard to financial matters. Toton left his employment and retu

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