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2023 Supreme(Cal) 352

DEBANGSU BASAK, MD. SHABBAR RASHIDI
Amrul Sk. @ Babua – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Appellants : Mr. Shekhar Kumar Basu, Mr. Ramdulal Manna, Mr. Swapan Kumar Mallick, Ms. Manju Manna (Dey), Ms. Sudeshna Das, Mr. Sayan Mukherjee, Ms. Payel Khanra.
For the Respondent: Mr. Sanjoy Bardhan, Mrs. Baishakhi Chatterjee.

JUDGMENT :

(Debangsu Basak, J.) :

1. The appellants have assailed the judgement of conviction dated March 23, 2022 and the order of sentence dated March 24, 2022 passed by the learned additional Sessions Judge, 1st court, in Sessions Trial No. 36/2021 arising out of Sessions Case No. 68/2021.

2. By the impugned judgement of conviction, the learned judge has held that the appellants were guilty of the offence under section 302/34 of the Indian Penal Code, 1860. The learned trial judge has acquitted 7 of the co-accused of the charge under section 302/34 of the Indian Penal Code, 1860.

3. By the impugned order of sentence, the learned trial judge has sentenced the appellants suffer rigorous imprisonment for life and to pay a fine of Rs. 20,000 each and in default to suffer rigorous imprisonment for one year.

4. The case of the prosecution was that, 9 persons including the 2 appellants before us had on May 18, 2020 at 7:30 PM on the way to the mosque, restrained the victim and tried to strangulate him by a gamcha (Indian towel) and assaulted him with fists, blows, kicks, bamboo stick, and iron rod. The appellant No. 1 had provided one sharp cutting weapon to appellant No. 2 by which app

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