AMJAD ANSARI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is preferred against the Judgment of conviction dtd. 16/07/2013 and the Order of sentence dtd. 17/07/2013 passed by the Additional Sessions Judge, First Court, Asansol under sec. 304/34 of the Indian Penal Code in Sessions Case No.26 of 2007, whereby the Appellants were sentenced to suffer rigorous imprisonment for six years.

(2.) The written complaint was received by Barakar Police Station on 23/04/2002 at 23.45 hours and was forwarded to the Officer-in-Charge of Kulti Police Station where formal F.I.R was drawn up and the case was registered as Kulti P. S. Case No.86/2002 dtd. 24/04/2002 under Sec. 341/326/34 of the Indian Penal Code. On death of Md. Naseem on 27/04/2002 sec. 304 of the Indian Penal Code was added.

(3.) On being so entrusted with, the Investigating Officer conducted investigation and on finishing the same, filed charge-sheet under Sec. 341/326/304/34 of the Indian Penal Code. Since the allegations are triable by the Sessions Judge exclusively, the matter was committed by the Additional Chief Judicial Magistrate to the Court of Sessions and subsequently to the Trial Court itself.