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2025 Supreme(Online)(Cal) 8990

CALCUTTA HIGH COURT
SK.LAL MAHAMMAD – Appellant
Versus
THE STATE OF W.B. – Respondent


25.08.2025 Court No.655 DL/Item No.–4 [Milan/

Samarpita]

CRA 263 of 1999 In the matter of: Sk. Lal Mahammad Ms. Manisha Ghosh (Amicus Curiae)

….for the Appellant Mr. Avishek Sinha, Mr. Parvej Anam ….for the State (Dictated in Court

1. The impugned judgment and order of conviction dated

27.07.1999 passed by the learned Additional Sessions Judge, 2nd Court Burdwan in connection with Sessions Trial No. 6 of 1999 arising out of Sessions Case No. 203 of 1995 is assailed in this appeal.

2. By passing the impugned judgment, this appellant was found guilty for commission of offence punishable under Section 323 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for six months.

3. Being aggrieved and dissatisfied with the said impugned judgment and order of conviction, the present appeal is preferred at the behest of the appellant.

4. In short campus the story of the prosecution is as follows-

“The instant case was started on the basis of a complaint lodged by one Sitala Bag before the Bhatar Police Station, stating interalia, that on 15.10.94 at 7 P.M. (evening) she went to fetch water from Bolgore Pond and at that time she saw the victim Sukumar Roy was being assaulted by t

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