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2023 Supreme(Cal) 1188

JOYMALYA BAGCHI, GAURANG KANTH
Srikanta Gantait – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Appellant : Mr. Himanshu De, Mr. Amal Krishna Samanta, Mr. Srinjan Ghosh, Ms. Monami Mukherjee.
For the Respondent: Mr. Partha Pratim Das, Ms. Manasi Roy.

JUDGMENT :

(Joymalya Bagchi, J.) :

1. Appellant has assailed judgment and order dated 24.4.2018 and 25.4.2018 passed by the learned Additional Sessions Judge, 3rd Court, Tamluk, Purba Medinipur convicting the appellant for commission of offence under section 302/201 IPC and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs. 20,000/-, default, to suffer simple imprisonment for one year for the offence punishable under section 302 IPC and to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 5,000/-, in default, to suffer simple imprisonment for three months more for the offence punishable under section 201 IPC. Both the sentences shall run concurrently.

2. Prosecution case, as alleged against the appellant is to the effect that on 30.01.2010 around 11 p.m., the appellant brought his wife Bulti Gantait to Moyna BPHC. She was examined by Dr. Ashok Kr. Maity (PW8). Upon examination Dr. Maity found that Bulti had already died. He intimated the Officer-in-Charge Moyna PS resulting in registration of Moyna P.S UD case no. 4/10 dated 31.1.10.

3. SI Nirmal Kr Majhi, the then Officer-in-Charge, Moyna P.S handed over the investigation of the unna

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