LAWS(SC)-2010-8-32

DEBASHIS DAW Vs. STATE OF WEST BENGAL

Decided On August 05, 2010
DEBASHIS DAW Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The appellants in these appeals and three others were tried in Sessions Trial Case No. XXVII of March 1987 by the Additional Sessions Judge, Midnapore for offences punishable under Sections 148, 324/149 and 304 part I/149 of the Indian Penal Code. The learned Additional Sessions Judge, as per his judgment dated 26th September, 1989 convicted the accused persons under Sections 148 and 304 part I read with Section 149 and as well as under Section 324/149, IPC and sentenced them to suffer rigorous imprisonment for ten years each under Section 304 part I read with Section 149, IPC only. No separate sentence has been awarded for the proven charges under Sections 148 and 324/149 of the IPC. The appellants herein preferred appeals before the High Court at Calcutta. A Division Bench of the High Court, as per its judgment dated 21st April, 2005 dismissed the appeal of the appellants.

(2.) Against the said judgment of the High Court, the appellants have preferred the above noted three criminal appeals.

(3.) Brief facts necessary for disposal of these appeals are as follows: