IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Ananya Bandyopadhyay C.R.A. 103 of 2002 Suranjan Das & Anr.

-Vs-

The State of West Bengal For the Appellants : Mr. Avishek Sinha (Amicus Curiae)

For the State : Mr. Saryati Datta Heard on : 11.12.2023, 08.02.2024, 05.04.2024, 14.05.2024, 17.09.2024 Judgment on : 23.04.2025 Ananya Bandyopadhyay, J.:-

1. This appeal is preferred against a judgment dated 22.02.2002 passed by the Learned Additional Sessions Judge, 2nd Court, Dakshin Dinajpur at Balurghat in Sessions Trial No.19/2001 arising out of Sessions Case No.61/2001 convicting the appellants under Section 304 (Part-II) of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 6 years each and to pay a fine of Rs.2000/- each in default to suffer further rigorous imprisonment of 3 months each. The Learned Judge was however pleased to acquit two other accused persons of the charge under Section 304 (Part-II) of the Indian Penal Code.

2. The prosecution case precisely stated on 28.03.1994 PW-1, the informant invited her brother and father to her house on the occasion of Holi, who came to her house around 01:30 p.