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2023 Supreme(Cal) 665

DEBANGSU BASAK, MD. SHABBAR RASHIDI
State of West Bengal – Appellant
Versus
Nandita Saha @ Mou – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Jayanta Narayan Chatterjee, Adv. Ms. Nandini Chatterjee, Adv. Mr. Supreme Naskar, Adv. Ms. Jayashree Patra, Adv.
For the State : Mr. Madhusudan Sur, Mr. Dipankar Pramanick, Adv.

JUDGMENT :

DEBANGSU BASAK, J.

1. This death reference has emanated out of the judgment of conviction dated February 6, 2020 and the order of sentence dated February 7, 2020 passed by the learned Additional Sessions Judge, 2nd Court, Sealdah, South 24 Parganas in Sessions Trial No. 14 (3) 2009.

2. Two accused had faced trial for charges under Sections 302/201/34 of the Indian Penal Code, 1860.

3. By the impugned judgment of conviction, the learned judge has held that the convicts are guilty of offence punishable under Sections 302/201/34 of the Indian Penal Code, 1860. By the impugned order of sentence, the learned Trial Court has sentenced one of the convicts Nandita Saha to suffer imprisonment for life and also to pay a fine of Rs. 20,000 and in default to suffer further rigorous imprisonment for 2 years for the offence punishable under Section 302/24 of the Indian Penal Code, 1860 and to suffer imprisonment for 3 years and to pay a fine of Rs. 2000 only and in default to suffer further rigorous imprisonment for 6 months for the offence punishable under Section 201/34 of the Indian Penal Code, 1860. The other convict namely, Satya Saha has been sentenced to be hanged by the neck till

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