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2023 Supreme(Cal) 491

DEBANGSU BASAK, MD. SHABBAR RASHIDI
Habibur Rahaman – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Sekhar Kumar Basu, Ld. Sr. Adv. Mr. Soubhik Mitter, Adv. Ms. Rajnandini Das, Adv.
For the Respondent: Mr. Madhusudan Sur, Ld. APP, Mr. Dipankar Pramanik, Adv.

JUDGMENT :

DEBANGSU BASAK, J.

1. Two appeals have been heard analogously as they have emanated from the same impugned judgement of conviction and the order of sentence.

2. By the impugned judgement of conviction dated February 9, 2022, the learned Trial Court has found twelve accused guilty of offences under Section 148/302/201/149 of the Indian Penal Code, 1860. The learned Trial Judge has acquitted all the appellants, of the charge under Section 379 of the Indian Penal Code, 1860.

3. By the impugned order of sentence, the learned Trial Judge has sentenced the appellants to suffer rigorous imprisonment for three years under Section 148 of the Indian Penal Code, 1860, three years rigorous imprisonment and to pay a fine of Rs. 5,000/-and in default to suffer rigorous imprisonment of six months for the offence under Section 201 of the Indian Penal Code, 1860, rigorous imprisonment for life and to pay a fine of Rs. 20,000/-and in default to suffer rigorous imprisonment for one year for the offence under Section 302 of the Indian Penal Code, 1860.

4. The learned Trial Judge has convicted twelve accused persons. The learned Trial Judge has filed the case forever against one accused who died

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