Abdul Majid vs State of West Bengal - 2024 Supreme(Cal) 869

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Cal) 869

DEBANGSU BASAK, MD. SHABBAR RASHIDI
Abdul Majid – Appellant
Versus
State of West Bengal – Respondent

Advocates:
Advocate Appeared:
For the Appellants : Mr. Pawan Kr. Gupta, Mr. Syed Julfikar Ali, Ms. Sofia Nesar, Adv.
For the State : Ms. Faria Hossain, Mr. Atulya Sinha, Adv.

JUDGMENT :

Debangsu Basak, J.

1. Appeal is directed against the judgment of conviction dated July 11, 1989 and the order of sentence dated July 11, 1989 passed in Sessions Appeal No. 5(5) of 1988 by the learned Additional Sessions Judge, North 24 Parganas, Barasat.

2. Three persons were convicted and sentenced under Sections 304 (Part II) read with Section 34 of the Indian Penal Code, 1860 for a period of three years and under Section 447 of the Indian Penal Code read with Section 34 thereof for a period of three months. Both the sentences were directed to run concurrently.

3. Three persons who were convicted and sentenced preferred an appeal being Criminal Appeal No. 311 of 1989. In the appeal, suo motu Rule was issued on August 14, 1989 calling upon the appellants to show cause as to why their conviction under Section 304 (part-II) should not be enhanced or such other order or further orders made as this Court may seem fit and proper.

4. During the pendency of the appeal, out of the three appellants, appellant No. 2 and appellant No. 3 expired. Their death was noted by the order dated July 29, 2024. It was also noted there that appeals of the appellant nos. 2 and 3 abetted consequent