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IN THE HIGH COURT AT CALCUTTA
, J
Baidyanath Garai v. State of West Bengal
| Table of Content |
|---|
| 1. review of the judgment and sentence imposed by lower courts. (Para 1 , 2) |
| 2. arguments regarding identification and evidence affecting conviction. (Para 3 , 4 , 5 , 6) |
| 3. legality of revisional jurisdiction and applicable legal principles. (Para 12 , 14 , 15) |
| 4. court's finding on the convict's culpability under s.323 ipc. (Para 21 , 22) |
| 5. conclusion on sentencing considerations. (Para 24 , 25) |
1. The legality, propriety and correctness of the judgment and order dated August 16, 2004 as passed by the learned Additional Sessions Judge, First Track Court, Bankura in Criminal Appeal No. 10 of 2003 is the subject - matter of the instant revisional application.
2. By the impugned judgment, the said appellate Court upheld the judgment and order of sentence as passed by the learned Judicial Magistrate, 3rd Court, Bishnupur on March 20, 2003 in G.R. Case No. 28 of 1995 whereby and whereunder the accused persons were found guilty under S.353/323, IPC and they were sentenced to suffer R.I. for one year each and to pay fine of Rs. 1,000/- each i/d to surer S.I. for one month for the offence committed by them under S.353, IPC. However, the learned Judicial Magistrate did not impo
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