Bapan Ghosh @ Choton vs State of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Cal) 298

DEBANGSU BASAK, MD. SHABBAR RASHIDI
Bapan Ghosh @ Choton – Appellant
Versus
State of West Bengal – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Ayan Bhattacherjee, Adv., Mr. Sagar Saha, Adv., Mrs. Roma Roy, Adv., Mr. Shounak Mondal, Adv.
For the Respondent: Mr. Madhusudan Sur, Ld. APP., Mr. Manoranjan Mahata, Adv.

JUDGMENT :

DEBANGSU BASAK, J.

1. The appellant has assailed the judgement of conviction dated December 8, 2021 and the order of sentence dated December 9, 2021 passed by the learned Additional District and Sessions Judge 5th Court Malda, in Sessions Trial No. 06/2020 arising out of Sessions Case No. 51 of 2020.

2. By the impugned judgement of conviction, the learned Judge has found the appellant guilty to the charges under Section 302/376/201 of the Indian Penal Code, 1860. By the impugned order of sentence, the learned Judge has sentenced the appellant to life imprisonment and to pay a fine of Rs. 10,000 and in default to suffer further rigorous imprisonment for six months for the offence committed under Section 302 of the Indian Penal Code, 1860. Learned Judge has sentenced the appellant to suffer rigorous imprisonment for ten years and to pay a fine of Rs. 10,000 and in default suffer further rigorous imprisonment for another six months for the offence committed under Section 376 of the Indian Penal Code, 1860. The learned Trial Judge has sentenced the appellant to suffer rigorous imprisonment for three years and to pay a fine of Rs. 5,000 and in default to suffer further rigorous