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2022 Supreme(Cal) 1541

DEBANGSU BASAK, MD. SHABBAR RASHIDI
Mani Das – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Manasi Roy, Adv.
For the Respondent: Mr. Partha Pratim Das, Ms. E. Dutta, Adv.

JUDGMENT :

DEBANGSU BASAK, J.

1. The appellant has assailed the judgment of conviction dated September 26, 2019 and the order of sentence dated September 27, 2019 passed by the learned Additional District and Sessions Judge, First Track – 1st Court, Sealdah, South 24 Parganas in Sessions Trial No. 4(6) 2019 convicting the appellant under sections 302/201 of the Indian Penal Code, 1860. By the impugned judgment of conviction and the order of sentence, the appellant had been sentenced to imprisonment for life for offence under Section 302 of the Indian Penal Code, 1860 and pay a fine of Rs. 5,000, in default to undergo rigorous imprisonment for six months. The appellant had been sentenced for three years rigorous imprisonment for the offence under section 201 of the Indian Penal Code, 1860 and to pay a fine of Rs. 1,000 and in default of payment of which, the appellant was directed to undergo rigorous imprisonment for three months more. Both the sentences had been directed to run concurrently.

2. The minor daughter of the appellant had been murdered. Initially, the appellant had lodged a complaint with regard to kidnapping of her daughter with the police on August 31, 2018. In her compl

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