LAXMAN TARAFDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is directed against the judgment dated 31st August, 2004 and the order dated 1st September, 2004 passed by the learned Additional Sessions Judge, Fast Track Court No. 1, Barasat, 24-Parganas (North) in Sessions Trial No. 12(4)/04 arising out of Sessions Case No. 26(2)/04.

(2.) Learned Trial Court, by the said judgment and order, found the accused persons, namely, Susanta Chowdhury, Bireswar Dhali, Laxman Tarafder, Ramesh Majumder and Ripon Biswas guilty for the offence punishable under Sections 448/354/376(2)(G)/506 of I.P.C. They were sentenced to suffer imprisonment for life and to pay fine of Rs. 5,000/- each, in default, to suffer imprisonment for a further period of one year for the offence under Section 376(2)(G) of I.P.C. The learned Trial Court passed separate sentences for the offences under Section 448, Section 354 as well as 506 of I.P.C.

(3.) On the basis of the said complaint which was treated as FIR, Police authority started Gaighata P.S. Case No. 158 dated 16.8.2002 under Sections 448/376(2)(G)/354/506 of I.P.C. and Section 25(i)(a)/27 of Arms Act. Such complaint was lodged on 16th of August, 2002 i.e., after about six months of the date of alleged occurrence.