ANKUR BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dtd. 30/5/2008 passed in a re-trial pursuant to an order of remand passed by this Court in Criminal Appeal No. 548 of 2005. By the impugned judgment and order the trial Court convicted the appellant for commission of offence punishable under Ss. 498A/302 of the Indian Penal Code and sentenced him to suffer imprisonment for life and to pay a fine of Rs.10,000.00 in default of fine to suffer simple imprisonment for one year more for the offence punishable under Sec. 302 of the Indian Penal Code, and sentencing him to suffer rigorous imprisonment for one year and to pay fine of Rs.1,000.00 in default of fine to suffer simple imprisonment for one month under Sec. 498A of the Indian Penal Code, both the sentences will run concurrently.

(2.) In the earlier round of litigation, the appellant upon being convicted for the offence under sec. 302 IPC, had appealed before this Court. An Hon'ble Division Bench of this court upon hearing the appeal by judgment and order dtd. 16/6/2006 set aside the conviction and sentence recorded by the trial Court and remanded the entire matter before the Sessions Judge with direction to conduct the trial himself or by the seniormost Additional Sessions Judge in the station. The Court further directed the Trial Court to appreciate the evidence and materials on record independently and after production of papers from Bansgore P.H.C.

(3.) The Bench was persuaded to remand the matter for the following reasons: