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2024 Supreme(Cal) 720

DEBANGSU BASAK
Rakesh Kumar – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Appellant : Mr. D. Ilango
For the State : Ms. A.S. Zinu

JUDGMENT :

Debangsu Basak, J.

1. The appeal is directed against the judgment of conviction dated July 08, 2022 and the order of sentence dated July 11, 2022 passed by the learned Additional Sessions Judge, North and Middle Andaman, Mayabunder in Sessions Case No.03 of 2021, Sessions Trial No.17 of 2021.

2. By the impugned judgment of conviction, learned Trial Court found the appellant guilty of offence punishable under section 308 of the Indian Penal Code, 1860. By the impugned order of conviction, the learned Judge sentenced the appellant to undergo rigorous imprisonment for three years.

3. Learned advocate appearing for the appellant submits that, the ingredients of section 308 of the Indian Penal Code, 1860 were not established at the trial. He draws the attention of the Court to the injuries suffered by the victim. He refers to section 308 of the IPC, 1860. He submits that, intention to inflict hurt for culpable homicide not amounting to murder was not established at the trial. In support of his contention, he draws the attention of the Court to the depositions of various prosecution witnesses and the injury report marked as exhibits at the trial.

4. He therefore submits that, t

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