CALCUTTA HIGH COURT
S. P. Talukdar, J
Sunil Kumar – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. conviction based on violent altercation and bomb use. (Para 1 , 2 , 29) |
| 2. eyewitness testimonies corroborate prosecution's narrative. (Para 33 , 34 , 35) |
| 3. culpable homicide determined through intent and action. (Para 38 , 40) |
1. The instant appeals are directed against the Judgment and Order of conviction passed in Sessions Trial No. 22 of 2004 and Sessions Case No. 150 of 2004 passed by the learned Additional Sessions Judge, 1st Court, Purulia on 30th August, 2005 holding the appellants guilty of offence punishable under S.325/34 of the Indian Penal Code and sentenced to suffer imprisonment for three years and to pay a fine of Rs. 500/- each, in default to suffer further six months Rigorous Imprisonment more.
Convict Sunil Kumar was also sentenced to suffer imprisonment for life and to pay a fine of Rs.10,000/- only, in default to suffer six months more imprisonment for the offence punishable under S.302 of the Indian Penal Code .
2. Put in a short frame, the prosecution case runs as under: -
One Rohin Kumar lodged a complaint in 14.07.1999 at about 8.15 hours at Joypur P. S. stating, inter alia that on that day i.e. on the date of 'Ratha Jatra' he straight -
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