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2023 Supreme(Cal) 1231

DEBANGSU BASAK, MD. SHABBAR RASHIDI
Prashanta Majhi – Appellant
Versus
State of West Bengal – Respondent


Advocate Appeared:
For the Appellant :Mr. Prabir Kumar Ghosh, advocate
For the Respondent:Mr. Sanjoy Bardhan, Ms. Trina Mitra, Advocates

JUDGMENT :

DEBANGSU BASAK, J.

1. The appeal is directed against the judgment of conviction dated December 20, 2019 and the order of sentence dated December 21, 2019 passed by the learned Additional Sessions Judge, 3rd Court, Bankura in Sessions Trial no. 05 (05) 18 arising out of Sessions Case no. 109/2018.

2. By the impugned judgment of conviction, the learned Judge convicted the appellant under Section 307 of the Indian Penal Code, 1860. By the impugned order of sentence, the learned Judge imposed a sentence of 10 years rigorous imprisonment and a fine of Rs.10,000/-and, in default, further simple imprisonment of six months.

3. The case of the prosecution at the trial was that, the appellant entered into the house of the victim, assaulted her with a sharp cutting weapon on her throat and, thereby, attempted to murder the victim on January 23, 2018 at about 14.00 hours.

4. The police received a written complaint. On the basis of the written complaint, a First Information Report was registered being Saltora Police Station F.I.R no. 03 of 2018 dated January 24, 2018 under Sections 448/341/354/326/307 of the Indian Penal Code, 1860. On completion of the investigations, police submitted a

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