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2023 Supreme(Cal) 432

JOYMALYA BAGCHI, AJAY KUMAR GUPTA
Bidhan Sardar – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Appellants : Mr. Sagar Saha, Mr. Subir Debnath, Ms. Roma Roy.
For the Respondent: Ms. Amita Gaur.
Amicus Curiae : Ms. Sreyashee Biswas.

JUDGMENT :

(Ajay Kumar Gupta, J.) :

1. The appellants have assailed the judgment and order dated 24th April, 2012 and 25th April, 2012 passed by the learned Additional Sessions Judge, 2nd Court, Nadia in Sessions Trial No. VIII (June)/2010 arising out of Sessions Case No. 55(4)/2010 in Kaliaganj Police Station Case No. 429/2009 dated 28.09.2009 whereby the learned Sessions Judge convicted the appellants under Sections 324 and 302 of the IPC and sentenced them to suffer imprisonment for two years for committing offence under Section 324 of the IPC and to suffer imprisonment for life for offence committed under Section 302 of the IPC and to pay a fine of Rs. 5,000/-each, in default, to suffer rigorous imprisonment for one year each. Both the sentences will run concurrently.

2. The background of the case in hand is that one Unnati Sardar, wife of Sri Dhiren Sardar of Vill. & P.O.-Ghoraikhetra, P.S.-Kaliaganj, District-Nadia had lodged a written complaint to the Officer-in-Charge, Kaliaganj Police Station to the effect that on 28.09.2009 at about 2:45 p.m. Purna Sardar, Bidhan Sardar, Balak Sardar, Ajit Sardar, Tarak Sardar and Chandra Sardar assaulted two brothers of her father-in-law

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