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2026 Supreme(Cal) 348

CALCUTTA HIGH COURT
MANIK SHAW & ORS. – Appellant
Versus
THE STATE OF W.B. – Respondent


JUDGMENT :

Prasenjit Biswas, J.

1. The impugned judgment and order of conviction and sentence dated 26.02.2003 passed by the learned Additional Sessions Judge, 2nd Court, Barasat, North 24 Parganas in connection with S.T. No. 1(8)95 is assailed in this appeal.

2. By passing the impugned judgment the present appellant being appellant no. 1 was convicted under Section 498A/304B of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for seven years along with a fine of Rs. 5000/- and in default of payment of fine to undergo further rigorous imprisonment for one year and the appellant Anuradha Shaw was also convicted under Section 498A/34 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for two years along with a fine of Rs. 1000/- and in default of payment of fine to suffer further rigorous imprisonment for three months.

3. Being aggrieved by and dissatisfied with the said impugned judgment and order of conviction the present appeal was preferred at the instance of the appellants.

4. The case of the prosecution, in brief, may be delineated as follows:

“A written complaint was lodged by Radheshyam Gupta, the maternal uncle of the deceased victim,

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