Dipjyoti Dhar @ Joy Dhar vs State of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Cal) 474

CHITTA RANJAN DASH, PARTHA SARATHI SEN
Dipjyoti Dhar @ Joy Dhar – Appellant
Versus
State of West Bengal – Respondent

Advocates Appeared:
For the Appellant : Mr. Navanil De, Amicus Curiae, Adv., Ms. Monami Mukherjee, Adv.
For the State : Mr. Prasun Kumar Dutta, learned App, Mr. Santanu Deb Roy, Adv., Mr. Md. Kuttubuddin, Adv.

JUDGMENT :

Partha Sarathi Sen, J.

1. In this appeal the judgement of conviction dated 03.09.2009 and order sentence dated 05.09.2009 as passed in S.T 55(7) of 2007 arising out of S.C 11(5) of 2007 arising out of Khardah P.S Case No. 335 dated 22.12.2006 by the Learned Additional Sessions Judge, Fast Track Court No.III, Barrackpore, District North-24-Parganas has been assailed. By the impugned judgement learned trial court found the present appellant guilty under section 302 IPC and thus sentenced him to suffer R.I for life and to pay fine of Rs.5,000/-i.d to suffer R.I for further two years. The convict felt aggrieved and thus preferred the instant appeal.

2. For effective adjudication of the instant appeal the facts leading to initiation of the aforesaid Sessions Trial is required to be dealt with in a nutshell. One Saroj Kumar Das of Ghoshpara, Tarapukur, Agarpara lodged a written compliant dated 22.02.2006 with the Officer-in-Charge, Khardah Police Station, District North-24-Parganas stating inter alia, that he and his daughter Papia Das, since deceased being an unmarried lady used to reside at a tenanted accommodation in the house of one Dipu Ghosh at Ghoshpara, Tarapukur and at