GYANESHWAR SHYAMAL Vs. STATE OF WEST BENGAL
SUPREME COURT OF INDIA (FROM: CALCUTTA)
STATE OF WEST BENGAL
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(1.) These two appeals are preferred against the judgment dated 9.2.2009 passed by the High Court of Judicature at Calcutta in CRA No.7 of 1991.
(2.) The appellants in Criminal Appeal No.7 of 1991 are accused Nos.1 to 5, 10 and 25 in Sessions Trial Case No. XIV of March 1987 on the file of 5th Additional Sessions Judge at Midnapore. They along with 28 other accused were tried for the alleged offences under Sections 148, 364/149, 302/149 and 307/149 of the Indian Penal Code. The Sessions Court found accused Nos.1 to 5, 10 and 25 guilty of charges under Sections 148, 324/149 and 364/149 and not guilty of the charge under Section 302/149 of the Indian Penal Code. Accused Nos.1 to 5, 10 and 25 were sentenced to undergo rigorous imprisonment for 10 years each with fine of Rs.1,000/- each and in default to undergo further rigorous imprisonment for six months each for the conviction under Section 364/149 IPC; sentenced them to undergo rigorous imprisonment for one year each for the conviction under Section 148 IPC and further sentenced them to undergo rigorous imprisonment for one year each for the conviction under Section 324/149. At the same time the Sessions Court acquitted remaining 28 accused of all the charges.
(3.) Aggrieved by this conviction and sentence accused Nos.1 to 5, 10 and 25 preferred Criminal Appeal in CRA No.7 of 1991 before the High Court of Judicature at Calcutta. The High Court by its judgment dated 9.2.2009 dismissed the appeal. Accused Nos. 2, 3 and 4 died during the pendency of the appeal. Challenging the impugned judgment accused No.25 Ganeshwar Shyamal preferred Criminal Appeal No.2147 of 2009 and accused No.1 Manik Mondal, No.5 Amar Mondal and No.10 Mihir Patra preferred Criminal Appeal No.2295 of 2009 before this Court. These two appeals are heard together.;
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