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DEBANGSU BASAK, MD. SHABBAR RASHIDI
Sunil Baran Paitundi – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
DEBANGSU BASAK, J.
1. The appeal is directed against the judgment of conviction dated December 1, 2020 and the order of sentence dated December 2, 2020, passed by the learned Additional Sessions Judge, Bishnupur in Sessions Trial No. 4 (11) 2013 arising out of Sessions Case No. 16 (12) 2012.
2. By the impugned judgment of conviction, the appellant was found guilty under Section 302 of the Indian Penal Code, 1860. By the impugned order of sentence, the appellant was awarded a sentence to suffer imprisonment for life and to pay a fine of Rs.50,000/- and in default to suffer rigorous imprisonment for six months for the offence under Section 302 of the Indian Penal Code, 1860.
3. Learned Amicus Curiae submits that, the prosecution was unable to prove the charges as against the appellant beyond reasonable doubt. He submits that, three persons were charged at the trial. They were charged under Sections 498A/326/302/34 of the Indian Penal Code, 1860 and under Section 3/ 4 of the Dowry Prohibition Act. Two of the accused were acquitted by the learned trial Judge. The appellant was found guilty only under Section 302 of the Indian Penal Code, 1860.
4. Moreover, learned Amicus Curiae s
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