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2023 Supreme(Cal) 222

DEBANGSU BASAK, MD. SHABBAR RASHIDI
State of West Bengal – Appellant
Versus
Sovan Sarkar – Respondent


Advocates appeared:
For the Appellants:Arindam Sen, Sagnik Bhattacharya, Md. Sahinurzaman, Rishav Gupta, Advocates.
For the Respondent:Rudradipta Nandy, Ld. APP., Sonali Das, Advocate.

JUDGMENT

Debangsu Basak, J.

1. This death reference has arisen from the judgment of conviction dated July 28, 2022 and the order of sentence dated August 1, 2022 passed by the learned Additional Sessions Judge, 15th Court, Alipore, 24 Parganas South in Sessions Trial No. 01 (09) 2014.

2. By the impugned judgment of conviction dated July 28, 2022, the learned judge has found the accused to be guilty of murder and causing disappearance of evidence of murder. By the impugned order of sentence, the learned judge has awarded a sentence of death to the convict for the offence of murder under Section 302 of the Indian Penal Code, 1860. The learned judge has sentenced the convict to rigourous imprisonment for 7 years and to pay a fine of Rs. 25,000 and in default for the simple imprisonment for 6 months for the offence punishable under Section 201 of the Indian Penal Code, 1860.

3. Prosecution witness (PW) No. 1 had lodged a written complaint with the police on July 16, 2013. Police had registered a First Information Report dated July 16, 2013 with regard to the complaint of PW 1. Police had submitted a charge sheet on the conclusion of the investigation.

4. The case of the prosecution at the t

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