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2017 Supreme(Online)(Cal) 40

CALCUTTA HIGH COURT
Debasish Kar Gupta, J
Babu Gayen – Appellant
Versus
State – Respondent


Advocates:
For the Appellants/Petitioners: Jayanta Narayan Chatterjee
For the Respondents: Ranabir Roy Chowdhury

Table of Content
1. summary of the incident leading to the appeal. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. defense arguments challenging the prosecution's case. (Para 8 , 10 , 11 , 30)
3. court's assessment of evidence supporting the conviction. (Para 12 , 14 , 24 , 25)
4. establishing the elements necessary for a murder charge under ipc. (Para 33 , 34)
5. final ruling and affirmation of the conviction. (Para 37)

1. This appeal has been preferred by the appellant assailing the judgment, order of conviction and sentenced dated May 24, 2007 and May 25, 2007 respectively passed by the learned Additional District and Sessions Judge, Fast Track Court II, Bongaon, North 24 - Parganas in Sessions Trial No. 9(4) 2004 arising out of Sessions Case No. 29(3) 2004 and GR Case No. 735/2003. By virtue of impugned judgement appellant was convicted for commissioning of the offence punishable under S.302 of the Indian Penal Code (hereinafter referred to as IPC) and was sentenced to suffer imprisonment for life and to pay a fine of Rs. 5,000/- in default to suffer rigorous imprisonment for six months with a direction for set off under the provisions of S.428 of Code of Criminal Procedure (hereinafter referred t



















































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