BAPPA DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The death reference for confirmation of sentence of death passed against the convicts Bappa Das and Biswajit Sadhukhan and the criminal appeal by the said convicts against their conviction and sentence arises out of a judgement and order passed by the Learned Additional District and Sessions Judge, Fast Track, 3rd Court, Barrackpore in a sessions trial held before him, where the convicts were charged under Section 364A read with Sections 302/201/34 of the Indian Penal Code.

(2.) The prosecution case in brief runs as follows;

(3.) The charge-sheeted accused persons, viz., Rajat Adhikary and Biswajit Sadhukhan before the Trial Court took a plea of juvenility, the Learned Court held an enquiry and in the said enquiry as Rajat Adhikary was found to be a juvenile on the date of the commission of the offence, his case was transferred to the juvenile court. However, plea of juvenility of the accused Biswajit Sadhukhan was rejected. Then the accused Biswajit Sadhukhan challenged the said order before this Court when the Trial Court was directed to re-consider his plea of juvenility. When the Trial Court held a fresh enquiry and concluded that he was not juvenile. However such order whereby the plea of the accused Biswajit Sadhukhan was turned down by the Trial Court not being challenged before any Court, reached its finality.