IN THE HIGH COURT AT CALCUTTA
RAJASEKHAR MANTHA, AJAY KUMAR GUPTA
Aimuddin Sheikh – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
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| 1. dispute among family members escalated to violent crime. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. witness testimonies showed discrepancies, but established evidence of assault. (Para 11 , 12 , 13 , 15 , 17 , 22 , 28) |
| 3. legal classification of the actions as culpable homicide not amounting to murder. (Para 30 , 31 , 36 , 44) |
| 4. conviction aligned with the sentencing for the period already served. (Para 46 , 47 , 48) |
Judgment :
Rajasekhar Mantha, J.
1. The subject appeal is directed against judgment and order of conviction dated 16.07.2012 passed by the Additional District and Sessions Judge, 2nd Court, Nadia in Sessions Trial No. IX (II) of 2012 arising out of Sessions Case No. 26 (2) of 2012. The appellants were convicted and sentenced to suffer life imprisonment and to pay a fine of Rs.10,000/- for offences punishable under Sections 302 , 326 read with Section 34 of the IPC.
THE PROSECUTION CASE AND THE EVIDENCE ON RECORD
2. The appellants and victims were related to each other as brothers. The appellants and victims are 4 out of 6 brothers and 2 sisters. Raham Box Sk was their father. He had divided his properties equally amongst the 6 brothers. After the brothers
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