Tapash Mahanta vs State of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Cal) 1301

DEBANGSU BASAK, MD. SHABBAR RASHIDI
Tapash Mahanta – Appellant
Versus
State of West Bengal – Respondent

Advocates Appeared:
For the Appellants : Mr. Jayanta Narayan Chatterjee, Ms. Nandini Chatterjee, Mr. Supreem Naskar, Ms. Jayashree Patra, Ms. Ritushree Banerjee, Ms. Dipanwita Das.
For the State : Mr. Rudradipta Nandy, Ms. Sonali Das.

JUDGMENT :

Debangsu Basak, J.

1. The appellants have assailed the judgement of conviction dated February 10, 2022 and the order of sentence dated February 11, 2022 passed by the learned Additional Sessions Judge, 2nd Court, Islampur, Uttar Dinajpur in Sessions Trial No. 40 (3) / 2017 arising out of Sessions Case No. 23/2017.

2. By the impugned judgement of conviction the appellants had been found guilty under Sections 302/34 of the Indian Penal Code, 1860. By the impugned order of sentence the appellants had been sentenced to suffer life imprisonment and to pay a fine of Rs. 10,000/-each in default to suffer rigorous imprisonment for 6 months.

3. The case of the prosecution at the trial was that, the appellants had on March 24, 2015 at about 11 PM at Subhasnagar under Chopra Police Station, Uttar Dinajpur, with common intention committed culpable homicide not amounting to murder by causing the death of Sona Mohanta.

4. Police had received the written complaint dated March 25, 2015 from Prosecution Witness (PW) 1 stating that, her son indulged in a quarrel with the appellants. The appellants had threatened to murder her son. After that incident, her family had avoided meeting and talk