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2024 Supreme(Cal) 470

DEBANGSU BASAK, MD. SHABBAR RASHIDI
Ajoy Mandal – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Appellant : Mr. Jayanta Narayan Chatterjee, Adv., Ms. Moumita Pandit, Adv., Mr. Supreem Naskar, Adv., Ms. Sreeparna Ghosh, Adv., Ms. Ritushree Banerjee, Adv.
For the State : Mr. Debasish Roy, PP, Mr. Rudradipta Nandi, APP, Mr. Saryati Datta, Adv.

JUDGMENT :

DEBANGSU BASAK, J.

1. Appellant has assailed the judgement of conviction dated January 9, 2012 and the order of sentence dated January 10, 2012 passed by the learned Additional Sessions Judge, Fast Track Court I, Uluberia, Howrah in Sessions Trial No. 168 of 2010.

2. By the impugned judgement of conviction, the learned Trial Judge has found the appellant guilty under Section 302 of the Indian Penal Code, 1860. By the impugned order of sentence learned Trial Judge has sentenced the appellant to suffer rigorous imprisonment for life and to pay a fine of Rs. 2000, in default to suffer rigorous imprisonment for a further period of one year.

3. Learned advocate appearing for the appellant has submitted that, the prosecution did not examine any eye witness to the incident of murder. He has contended that, the prosecution relied upon circumstantial evidence to prove the charge of murder as against the appellant. According to him the prosecution has failed to establish the chain of circumstances leading to the guilt of the appellant, conclusively.

4. Learned advocate appearing for the appellant has contended that, 11 out of 24 prosecution witnesses turned hostile at the trial. The

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