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2023 Supreme(Cal) 1216

DEBANGSU BASAK, MD. SHABBAR RASHIDI
Hon’ble Court in Its Own Motion – Appellant
Versus
Raju Wilson @ Moni – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Habibur Rahman, Adv., Mr. Fazlur Rahaman, Adv., Mr. Md. Babul Hussain, Adv., Ms. Debjani Roy Chowdhury, Adv.
For the Respondent: Mr. Sanjay Banerjee, Adv., Ms. Pushpita Saha, Adv.
For the Amicus Curia : Mr. Arnab Chatterjee, Adv.

JUDGMENT :

DEBANGSU BASAK, J.

1. Two appeals were heard analogously as they emanated out of the same impugned judgement of conviction and the order of sentence. By the impugned judgement of conviction dated February 29, 2012 and the order of sentence dated March 1, 2012 the appellants were convicted under section 396 of the Indian Penal Code, 1860 and sentenced to life imprisonment.

2. The case of the prosecution was that on June 9, 2005, the duty officer of the jurisdictional police station received a telephonic message from one Deepak Verma who reported that when he visited flat number 18, third-floor, 6, Bishop Lefroy Road, Kolkata, he found the main door of the flat ajar and despite knocking he did not receive any response. The police responded to such telephonic information and reached the place of occurrence. Upon entering the flat through the main door which was open, it was found that the victim was lying on the floor of the dining room with her hands and feet tied with from bedsheets. She was identified. Upon inspection of the flat, the almirahs were found ransacked and various articles like clothes, antique jewellery boxes and bundles of cash were found scattered. A cardboar

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