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2023 Supreme(Cal) 516

DEBANGSU BASAK, MD. SHABBAR RASHIDI
Somnath Das @ Somenath Das – Appellant
Versus
State of West Bengal – Respondent


Advocate Appeared:
For the Appellant :Mr. Saryati Datta Mr. SanjiB Kr. Dan, Advocates
For the Respondent:Mr. Soumik Ganguli, Mr. Dilip Kr. Sadhu, Advocates, Mr. Bidyut Kumar Roy, Ms. Rita Dutta, Advocates

JUDGMENT :

DEBANGSU BASAK, J.

1. The appeal is directed against the judgment and order of acquittal dated January 25, 2021 passed by the learned Additional Sessions Judge, 2nd Court, Katwa in Sessions Trial no. 26 of 2016 arising out of Sessions Case no. 31 of 2015 acquitting the accused persons of the charges under Sections 498A/306/302/34 of the Indian Penal Code, 1860.

2. Learned advocate appearing for the appellant submits that, the learned Trial Judge failed to take into consideration relevant facts and arrived at an incorrect finding of fact.

3. Learned advocate appearing for the appellant refers to the written complaint lodged by the father of the victim, being the prosecution witness (P.W.) No. 1. He submits that the victim used to inform P.W. 1 as to the torture being meted out to her. He refers to the contents of the written compliant.

4. Learned advocate appearing for the appellant submits that, the investigation was carried out in a perfunctory and lackadaisical manner. There are serious doubts as to the transparency of the investigation.

5. Learned advocate for the appellant submits that the victim was, in fact, murdered. In support of such contention, he refers to the depos

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