BABLU MOHAMMED @ MOBARAK ALI Vs. STATE OF WEST BENGAL
LAWS(CAL)-2019-12-102
HIGH COURT OF CALCUTTA (AT: PORT BLAIR)
Decided on December 24,2019

Bablu Mohammed @ Mobarak Ali Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

SAHIDULLAH MUNSHI, J. - (1.) These appeals are against the order of conviction dated 30th January, 2009 and sentence dated 02.02.2009 passed by the Additional District & Sessions Judge, Fast Track Court, Gangarampur at Buniadpur, Dakshin Dinajpur convicting the appellant Bablu Mohammed @ Mobarak Ali under Section 302 / 364 / 201 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life with fine of Rs.10,000/- in default to suffer further rigorous imprisonment for three years for the offence under Section 302 of the Indian Penal Code and to suffer rigorous imprisonment for life and to pay a fine of Rs.10,000/- in default to suffer rigorous imprisonment for three years for abduction of Bahamoni Mardi with a view to murder for the offence punishable under Section 364 IPC and to suffer rigorous imprisonment for seven years and to pay a fine of Rs.2,000/- in default to suffer rigorous imprisonment for one year for the offence punishable under Section 201 IPC and directing the said Bablu Mohammed @ Mobarak Ali that the aforesaid substantive sentences imposed upon the convict shall run consecutively; convicting Taibul Islam, Majedar Rahaman and Ajijar Rahaman under Section 201 / 34 IPC and sentencing them to suffer rigorous imprisonment for seven years and to pay a fine of Rs.2,000/- by each of them in default to suffer rigorous imprisonment for one year by each of them for the offence punishable under Section 201 / 34 IPC.
(2.) However, period of detention undergone by the said convicts has been directed to be set off against the sentence of imprisonment under Section 428 Cr.P.C.
(3.) Against the judgment and order of conviction and sentence two separate appeals have been filed by Bablu Mohammed @ Mobarak Ali against order of conviction and sentence under the provisions of Sections 302 / 364 / 201 of the Indian Penal Code. These appeals being C.R.A. no. 307 of 2009 and other appeal being no. C.R.A. no. 164 of 2009 have been filed by the accused Bablu Mohammed @ Mobarak Ali, Taibul Islam, Majedar Rahaman and Ajijar Rahaman challenging the order of sentence under Section 201 of the Indian Penal Code. Both the appeals are taken up together since they arose from the same P.S. case and self-same complaint.;


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