LAWS(CAL)-1992-2-6

STATE OF W B Vs. CHANDRA NATH BANIK

Decided On February 28, 1992
STATE OF WEST BENGAL Appellant
V/S
CHANDRA NATH BANIK Respondents

JUDGEMENT

(1.) This appeal has been filedon behalf of State of West Bengal and its authorities for setting aside the Judgment and Order dated 20/01/1992 passed by a learned Judge of this court on a writ application filed on behalf of the writ petitioner-respondent.

(2.) When the application filed on behalf of the appellant-State for staying operation of the judgment and order under appeal was taken up for hearing, learned counsel appearing for both the parties suggested that the appeal itself be treated as on day's list for hearing and be disposed of along with the application for interim relief. Accordingly, the appeal taken up for hearing along with the application for interim relief.

(3.) The writ petitioner-respondent (hereinafter referred to as the respondent) was an accused for having committed a pre-planned brutal murder of his daughter-in-law one Debjani. After trial he was sentenced to death which was confirmed by this High Court as well as by the Supreme Court on appeal filed on behalf of the respondent against the judgment of this court. We are informed that later an application was filed on behalf of the respondent for substituting the sentence of death by a sentence of imprisonment for life. The Supreme Court, because of lapse of time, passed an order substituting the sentence of death by a sentence for imprisonment for life. The said decision of the Supreme Court is reported in 1987 Cal Cri LR (SC) 152 (Chandra Nath Banik v. State of West Bengal).