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2023 Supreme(Cal) 433

DEBANGSU BASAK, MD. SHABBAR RASHIDI
Priya Bagdi @ Priyo Bagdi – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Appellant : Mr. Suman De.
For the Respondent: Mr. Sudip Ghosh, Mr. Bitasok Banerji.

JUDGMENT :

(Debangsu Basak, J.)

1. The appellant has assailed the judgement of conviction dated July 4, 2019 and the order of sentence dated July 5, 2019 passed by the learned Additional Sessions Judge, Fast Tract Court, Suri, Birbhum in Sessions Trial No. 02/November/2017 arising out of Sessions Case No. 83/2017.

2. By the impugned judgement of conviction, the appellant has been convicted under Section 302/34 of the Indian Penal Code, 1860. By the impugned order of sentence, the appellant has been awarded imprisonment for the remainder of her natural life for the offence under Section 302/34 of the Indian Penal Code, 1860 and to pay a fine of Rs. 10,000/-and in default to undergo rigorous imprisonment for 1 year more. The sentences had been directed to run concurrently.

3. Learned advocate appearing for the appellant has submitted that, the prosecution failed to prove the charges beyond reasonable doubt. He has contended that, the prosecution did not examine any witness as an eyewitness to the incident. The prosecution had withheld vital witness which creates a shadow of doubt on the genuineness of the case of the prosecution.

4. Learned advocate appearing for the appellant has con

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