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2023 Supreme(Cal) 1228

TIRTHANKAR GHOSH
Suman Mondal – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Saibal Mondal. Mr. Rajen Banerjee.
For the Respondent: Mr. Saswata Gopal Mukherjee, Ld. P.P., Ms. Faria Hossain, Mr. Sandip Chakraborty.

JUDGMENT :

Tirthankar Ghosh, J.

1. The present appeal has been preferred against the judgment and order of conviction and sentence dated 12.01.2021 passed by the Learned Additional District and Sessions Judge, Fast Track Court, Rampurhat, Birbhum in connection with Sessions Trial No. 13/February/2017 arising out of Sessions Case No. 65/2016, wherein the learned trial Court was pleased to convict the appellants namely, Suman Mondal, Urmila Mondal and Biswanath Mondal under Section 304B/498A of the Indian Penal Code. The learned Trial Court thereafter was pleased to impose sentence as follows:

    (i) Rigorous Imprisonment for 7 years for committing offence under Section 304B of Indian Penal Code.

(ii) Rigorous Imprisonment for 2 years and fine of Rs.5,000/-in default to suffer Rigorous Imprisonment for 2 months for committing offence under Section 498A of the Indian Penal Code.

2. The genesis of the present case was on the basis of a letter of complaint filed by Ajay Sahu, son of Nandadulal Sahu with the Officer-in-charge, Mayureswar P.S., Birbhum on 08.06.2015 pursuant to which Mayureswar PS case no. 137/15 was registered for investigation under Section 498A/304B/306/34 of the Indian Penal

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