STATE OF WEST BENGAL; AMAL BARUI@ KUCHE, SUMAN DAS @ BHUBAN & TAPAS BISWAS; SUMAN SARKAR; SHYAMAL KARMAKAR; SOMNATH SARDAR, RATAN SAMADDAR & TARAK DAS; POLY MAITY & SISIR MUKHERJEE @ SANKU Vs. STATE OF WEST BENGAL; SHYAMAL KARMAKAR AND ORS
LAWS(CAL)-2018-2-40
HIGH COURT OF CALCUTTA
Decided on February 09,2018

State Of West Bengal; Amal Barui@ Kuche, Suman Das @ Bhuban And Tapas Biswas; Suman Sarkar; Shyamal Karmakar; Somnath Sardar, Ratan Samaddar And Tarak Das; Poly Maity And Sisir Mukherjee @ Sanku Appellant
VERSUS
State Of West Bengal; Shyamal Karmakar And Ors Respondents




JUDGEMENT

Debi Prosad Dey, J. - (1.)The death reference being no. 05 of 2016 arises out of the judgment, order of conviction and sentence dated 15th April, 2016 and 19th April, 2016 respectively in sessions trial no. 02(09) of 2014 passed by learned Additional District and Sessions Judge, Barasat corresponding to Sessions case no. 03(09) of 2014 whereby and whereunder the learned Trial Court has sentenced the appellants to death for the offence under Section 302/34 of Indian Penal Code and has also convicted the appellants for the offence punishable under Section 364/34 of Indian Penal code and sentenced them to suffer rigorous imprisonment for life and also fine at the rate of Rs.10,000/- each in default to suffer rigorous imprisonment for one year.
(2.)However, Rakesh Barman alias Chote has been convicted for the offence punishable under Section 302/34 of Indian Penal Code and has been sentenced to suffer rigorous imprisonment for life with fine. Four criminal appeals being no. CRA 350 of 2016, CRA 341 of 2016,
(3.)Cra 342 of 2016 CRA 386 of 2016 and CRA 333 of 2016 have been filed by the appellants challenging the aforesaid order of conviction and sentence awarded by learned Additional District and Sessions Judge, Barasat.


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