SUBRATA DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant has assailed the judgment of conviction dated 27.08.2014 and order of sentence dated 28.08.2014 passed by Additional Sessions Judge, 7th Court, Alipore, South 24 Parganas in Sessions Trial Case No.3(8)/2005 [Sessions Case No.45(5)/2005] wherein he was convicted of the charge under Section 307 IPC and was sentenced to suffer rigorous imprisonment for 7 years and to pay fine of Rs.5,000/- in default to suffer further rigorous imprisonment for one year. However, appellant and other accused persons were acquitted of the charges.

(2.) The appellant along with other accused persons were put to trial before the Trial Court for the charges under Section 498A and 307 of the IPC and to substantiate the charges, the prosecution examined as many as 9 witnesses. After the evidence was concluded, the appellant and other accused persons were examined under Section 313 of the Cr.P.C. to which each of them declined to adduce defence witness.

(3.) But being aggrieved by and dissatisfied with the impugned judgment, the appellant has preferred this appeal, inter alia, on the grounds that the evidence adduced by the prosecution witnesses and the materials placed on record do not support the charge and the accused/appellant was entitled to acquittal thereof.