SUJIT GHOSH Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
STATE OF WEST BENGAL
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Md. Mumtaz Khan, J. -
(1.) This appeal has been preferred by the appellant assailing the judgment and order of conviction dated August 21, 2008 and sentence dated August 22, 2008 passed by the learned Additional Sessions Judge, Jangipur, Murshidabad in Sessions Trial No. 12(8) of 2007 arising out of Sessions Case No. 210 of 2007. By virtue of the impugned judgment appellant was convicted and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 5000/- in default rigorous imprisonment for one year for the offence under Section 302 of the Indian Penal Code, rigorous imprisonment for 10 years and to pay a fine of Rs. 5000/- in default rigorous imprisonment for one year for the offence under Section 307 of the Indian Penal code (hereinafter referred to as IPC) and was also sentenced to suffer rigorous imprisonment for 3 years for the offence punishable under Section 324 IPC with a direction for set off under Section 428 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.).
(2.) The prosecution case, in brief, is as follows:-
On April 21, 2007 at about 8.30 p.m. while victim Salma Bibi and P.W.2 were gossiping at Kalabagan appellant went there and wanted to have Salma Bibi but she refused to entertain him and as such appellant pushed her and started assaulting her with a bhojali on her chest and face. On seeing this when P.W.2 tried to resist him appellant also assaulted her with the bhojali on her belly as a result both of them sustained severe injuries. Hearing hue and cry people assembled and caught hold appellant with bhojali and police was informed and accordingly police came and took away the appellant with the bhojali. Both the injured were taken to Arupnagar BPHC where victim Salma Bibi expired while P.W.2 was referred to Jangipur SD Hospital.
(3.) P.W.1 on getting the news of incident from her mother (P.W.2) lodged a written complaint at the Samserganj P.S. scribed by P.W.14. On the basis of the above written complaint, Samserganj P.S. Case No. 59 dated April 21, 2007 under Section 326/307/302 IPC was started against the appellant and the case was endorsed to P.W.18.;
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