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2022 Supreme(Cal) 1226

DEBANGSU BASAK, MD. SHABBAR RASHIDI
Samaresh Biswas – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Arnab Chatterjee, Advocate, D. Biswas, Advocate, Madhusudan Sur, Advocate, Sreyashee Biswas, Advocate

JUDGMENT

Md. Shabbar Rashidi, J. - The appeal is directed against the judgment of conviction dated 24.02.2020 and consequential order of sentence dated 26.02.2020 passed by learned 2nd Additional District & Sessions Judge, Krishnanagar, Nadia in Sessions Trial No. XI (II) of 2018 corresponding to Sessions Case No. 27 (02) of 2018 under section 302 of the Indian Penal Code.

2. The victim i.e. the wife of the de facto complainant used to reside alone and developed a relationship with the accused Samaresh Kirtonia. Owing to his employment, the de facto complainant then, used to reside outside.

3. On 08/11/2017 at about 11 pm, the accused entered into the house of the victim and had an altercation with her. Hearing the shouting, the elder brother of the de facto complainant rushed to the room of the victim and saw her blazing. Samaresh then fled away. The victim was taken to Krishnaganj hospital for her treatment and she was referred to Saktinagar hospital and thereafter, she was further referred to Kalyani Jahar Lal Nehru Hospital in a precarious condition. The victim is said to have narrated the incident to the de facto complainant in course of her treatment and is said to have reported

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