DILIP KUMAR DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) I have gone through the judgment/order prepared by the Hon'ble Mr. Justice Talukdar. My Lord has been pleased to set aside the order of conviction and the sentence recorded by the learned Trial Court.

(2.) With great respect to the Hon'ble Mr. Justice Talukdar I am of the opinion that the order of conviction and sentence recorded by the learned Trial Judge is to be affirmed by dismissing the present criminal appeal. I, therefore, respectfully disagree with His Lordship's findings leading to the allowing of the instant appeal. However, background facts together with two heads of charges framed against Al and A2 have clearly been set out and the profile of the prosecution case including categorisation of witnesses under broad headings in its proper perspective has already been enumerated by His Lordship in sufficient details. Therefore, it is not necessary for me to repeat the same once again in this judgment. Hence, I am proceeding to write this dissenting judgment and express my opinion on the points raised by both sides before this bench for consideration and adjudication.

(3.) Undisputedly, the prosecution case mainly rests on;: