BHIM ALIAS UTTAM GHOSH Vs. STATE OF WEST BENGAL
LAWS(SC)-2010-11-61
SUPREME COURT OF INDIA (FROM: CALCUTTA)
Decided on November 12,2010

BHIM @ UTTAM GHOSH Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

D.K. Jain, J. - (1.) Leave granted.
(2.) Challenge in this appeal, by special leave, is to the judgment, dated 1st December 2009, delivered by the High Court of Calcutta in C.R.A. No. 77 of 1986, upholding the conviction of the Appellant for an offence punishable under Section 307 of the Indian Penal Code, 1860 (for short "IPC").
(3.) Since learned Counsel for the Appellant has addressed us only on the question of applicability of the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short "the 2000 Act") to the facts of the case, we deem it unnecessary to state the facts, leading to the filing of this appeal, except to the extent that the incident, resulting in injuries to the victim took place on 6th March 1983. The first information report (for short "the FIR") was lodged and registered on 21st March, 1983 against the Appellant and four other persons. Charge sheet was filed on 13th June 1983 against all the accused; who were tried for offences under Sections 306 and 148 of the IPC and ultimately, vide judgment dated 22nd February 1986, the Additional Sessions Judge, convicted the Appellant for an offence punishable under Section 307 of the IPC and acquitted the other four accused. The Appellant was sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 500/- with default stipulation.;


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