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2023 Supreme(Cal) 1226

DEBANGSU BASAK, MD. SHABBAR RASHIDI
Nandadulal Ghosh – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Pulak Ranjan Mondal, Adv., Ms. Bandana Mandal, Adv., Mr. Milon Mukherjee, ld. Sr. Adv., Mr. Biswajit Manna, Adv.
For the Respondent: Mr. Swapan Banerjee, Adv., Mr. Anindya Sundar Chatterjee, Adv., Ms. Purnima Ghosh, Adv.
For the de facto Complainant : Mr. Malay Bhattacharyya, Adv., Mr. Pradip Paul, Adv., Ms. S. Mondal

JUDGMENT :

Md. Shabbar Rashidi, J.

1. Both these appeals are directed against the judgment of conviction dated 11.02.2020 and order of sentence dated 12.02.2020 passed by learned Sessions Judge, Pashcim Medinipur, in Sessions Trial No. 9 of April 2017 convicting the appellants under section 302/341/34 of the Indian Penal Code. The two appeals are taken up together as they emanate from one and the same judgment and order.

2. One Shymal Ghosh, a resident of Korongapote within Anandapur police station lodged a written complaint on September 03, 2012 alleging, inter alia, that his father Purna Chandra Ghosh was returning from the fields in the afternoon at about 04.30 p.m. At that time, the de facto complainant could see that his third paternal uncle Anand Mohon Ghosh, his wife Parbati Ghosh, their daughter Smapti Ghosh, second paternal uncle of the de facto complainant Nanda Dulal Ghosh and his wife Pushparani Ghosh grabbed his father at a little distance from his house with a plan to kill him. The de facto complainant rushed there and saw that all the aforesaid persons were inflicting torture upon his father in different ways. Uncle of de facto complainant Ananda Mohan Ghosh and his dau

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