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2023 Supreme(Cal) 436

DEBANGSU BASAK, RAI CHATTOPADHYAY
Rakesh Barman @ Chhote – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
Amicus Curiae : Mr. Mrityunjoy Chatterjee.
For the State : Mr. Partha Sarathi Das, Mrs. Manasi Roy.

JUDGMENT :

(Rai Chattopadhyay, J.)

1. Gruesome murder of the person, namely, Saurav Chowdury @ Ghantu, had resulted into lodging of the FIR dated 05.7.20014, in Dattapukur Police Station, having been registered as Dattapukur Police Station case No. 528/14 dated 05.7.2014, under sections 364, 302, 201 and 120B of the IPC. Allegations were made in the said FIR against the following persons:

    i) “Shyamal Karmakar”;

ii) “Anup Talukder”;

iii) “LitonTalukder”and

iv) Four or five other persons.

2. After completion of investigation, charge sheet was submitted against the following 13 (thirteen) persons, all of whom faced trial:

    i) Somnath Sardar,

ii) Rakesh Barman @ Chhote,

iii) Tapash Biswas,

iv) Ratan Samadder,

v) Suman Sarkar,

vi) Suman Das @ Bhuban,

vii) Ratan Das @ Tofa,

viii) Tarak Das,

ix) Amal barui @ Kuche,

x) Shyamal Karmakar,

xi) Arup Talukder,

xii) Sisir Kumar Mukherjee,

xiii) Poly Maity.

3. The instant appeal has been preferred by one of such accused persons, who faced trial namely, Rakesh Barman @ Chhote. Additional Sessions Judge 7th Court at Barasat 24pgns(North), delivered judgment and order of conviction dated 15.4.2016, 16.4.2016 and 19.4.2016, respectively, in which, so far as the present

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