DINESH SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal has been preferred by Dinesh Saha and Swapan Sarkar. They were tried along with one Radha alias Radhanath Sarkar, in a case arising out of Case No. 189 of 2006 dated 19th June, 2006 registered at Kotwali Police Station, District Nadia, under sections 364/ 302/ 201/ 34 of the Indian Penal Code. Radha alias Radhanath Sarkar was acquitted by the Trial Court vide the impugned judgment dated 19th July, 2009. The appellant, Dinesh Saha, was convicted by the judgment rendered by the Court of Additional Sessions Judge, 4th Court, Nadia. for an offence under sections 364, 302 and 201/ 34 of the Indian Penal Code. However, the appellant, Swapan Sarkar, was acquitted for the offence under section 364 of the Indian Penal Code and was convicted for offence under section 302/ 201 of the Indian Penal Code and by the subsequent order dated 30th July, 2009 the appellants were sentenced as under:

(2.) The appellant, Swapan Sarkar, was sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 5,000/-, in default, to suffer further rigorous imprisonment for one year for the offence under section 302/ 34 of the Indian Penal Code. He was also sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs. 1,000/-, in default, to suffer further rigorous imprisonment for six months for the offence under section 201/ 34 of the Indian Penal Code. Both the sentences were directed to run concurrently.

(3.) The present appellants have assailed the judgment of conviction and order of sentence.