Manasha Mal vs State of West Bengal - 2023 Supreme(Cal) 661

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Cal) 661

DEBANGSU BASAK, MD. SHABBAR RASHIDI
Manasha Mal – Appellant
Versus
State of West Bengal – Respondent

Advocates:
Advocate Appeared:
For the Appellants :Mr. Ayan Bhattacharjee Mr. Kunal Ganguly Mr. Tirupati Mukherjee Ms. Jenifar Alam Ms. Sanchari Chakraborty
For the State : Mr. Saibal Bapuli, Ld. APP Mr. Bibaswan Bhattacharya

JUDGMENT :

DEBANGSU BASAK, J.

1. The appeal is directed against the judgment of conviction dated March 31, 2022 and the order of sentence dated April 1, 2022 passed by the learned Additional Sessions Judge, Fast Track Court, Suri, Birbhum in Sessions Trial No.02/January/2017 arising out of Sessions Case No.86 of 2016.

2. By the impugned judgment of conviction, the learned Judge found the appellants guilty of offence punishable under Sections 302/148/149 of the Indian Penal Code, 1860. By the impugned order of sentence, the learned Judge sentenced the appellants to life imprisonment for the offence punishable under Sections 302/149 of the Indian Penal Code, 1860 and to pay a fine of Rs.50,000/-each and in default to undergo further imprisonment for six months. The learned Judge awarded simple imprisonment for one year to the appellants for the offence punishable under Section 148 of the Indian Penal Code, 1860. Both the sentences were directed to run concurrently.

3. Police received a written complaint from prosecution witness (P.W.) 1 on April 13, 2014 regarding murder of her husband. On the basis of such written complaint, police registered Sainthia Police Station FIR No.94/14 dated A