MOUSAM SINGHA ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellants in these appeals and one Deepak Rajak were tried in S.T. Case No. V(4) of 1999 by the Additional District and Sessions Judge for offences punishable under120B, 302 read with34 IPC and 201 read with 34 IPC. Leaned Sessions Judge as per his judgment dated 29.3.2000 while acquitting Deepak Rajak convicted the other accused under 302 read with 34 IPC, and sentenced them undergo imprisonment for life with a fine of Rs. 2,000; in default undergo further RI for one year. He did not award separate sentences for offences punishable under120B and 201 read with 34 though he found them guilty of the said offences also. The appellants herein preferred appeals before the High Court at Calcutta while State preferred a separate appeal against the acquittal of Deepak Rajak. A Division Bench of the High Court as per it judgment dated 24.5.2001 dismissed the appeal of the appeals while it allowed the State appeal, and convicted Deepak Rajak also, for offences for which these appellants were sentenced.

(2.) Against the said judgment of the High Court the appellants have preferred the above noted criminal appeals. Deepak Rajak who was convicted by the judgment of the High Court did prefer and SLP before this Court but since he did not surrender, as required under the Supreme Court Rules, his appeals came be dismissed for default. Therefore it is only accused Nos. 1, 2, 4 and 5 who are before us in these appeals.

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