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2024 Supreme(Cal) 557

ANANYA BANDYOPADHYAY
Kailash Mahata – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Tapan Dutta Gupta, Mr. Giasuddin Molla, Mr. Parvej Anam
For the Respondent: Mr. Avishek Sinha

JUDGMENT :

Ananya Bandyopadhyay, J.

1. This appeal is preferred against the judgment and order dated 22.04.2013 and 23.04.2013 respectively passed by the Learned Additional District and Sessions Judge, Raghunathpur, District – Purulia in Sessions Trial No. 12 of 2011 arising out of Sessions Case No. 265 of 2006 convicting the appellants for commission of offence punishable under Section 325/304/34 of the Indian Penal Code and sentencing them to undergo simple imprisonment for the offence punishable under Section 323 of the Indian Penal Code and convicting for the offence punishable under Sections 304(II)/34 of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for 7 years with fine of Rs. 5000/-in default of whereof 1 year more rigorous imprisonment with the direction that both the sentences shall run concurrently.

2. The prosecution case in brief was that –

    a) On 01.12.2002 at about 06:00 a.m. one Purabala Mahata went to Chaudhury Bandh Pukur for washing her hands and face, at more or less the same time one Thandmoni Mahata came to the spot and an altercation followed between the two and when such altercation was going on the appellants came to the place of occ

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