NASIR MALLICK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is against the judgment of conviction and order of sentence passed by the learned Additional Sessions Judge, 3rd Court, Nadia, Krishnagar, in Sessions Trial No. VI(VII) of 2014 arising out of Sessions Case no. 23(2) 2010 convicting the appellant Nasir Mallick and Dadu Sk @ Mani Rahaman Sk under Section 302/34 of Indian Penal Code and sentencing each of them to suffer rigorous imprisonment for life and to pay a fine of Rs. 50,000/- each, in default to suffer further rigorous imprisonment for two years each.

(2.) The present appeal CRA 319 of 2015 has been heard analogously with CRA 294 of 2015. Both these appeals arose from a common judgment of conviction dated 27.03.2015 and order of sentence dated 30.03.2015. Since the judgment of conviction passed by the trial Court arose from the self-same complaint, it is intended to dispose of both these appeals by common judgment.

(3.) So far CRA 294 of 2015 is concerned the same has been filed by Mabia Bibi and Atabi Mallick challenging self-same judgment and order of conviction dated 27.03.2015 and order of sentence dated 30.03.2015 passed by the learned Additional Sessions Judge, 3rd Court, Nadia, Krishnagar in Sessions Trial No. Vi(VII) 2004 arising out of Sessions Case no 23(2)2010 convicting the appellants under Section 302/34 of Indian Penal Code and sentencing them to rigorous imprisonment for each and to pay a fine of Rs.50,000/- in default to suffer further rigorous imprisonment for two years and also convicting the said accused Mabia Bibi and Atabi Mallick under Section 376(2)(g) of Indian Penal Code.