CHANDAN CHATTERJEE @ FULU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Criminal Appeal No. 34 of 1994 has been placed before me for my opinion by order dated January 8, 2003 of the Hon'ble Chief Justice as recorded in the orders- sheet as Their Lordships the Hon'ble Justice Sujit Barman Roy and the Hon'ble Justice Narayan Chandra Sil comprising the Division Bench differed in their separate Judgments dated 18.12.2002 in the said appeal.

(2.) On perusal and careful consideration of the aforesaid Judgments I find that the Hon'ble Justice Sujit Barman Roy had been pleased to allow the appeal of the appellant Chandan Chatterjee @ Fulu and set aside the conviction of the appellant u/S. 302 I.P.C. and 448 I.P.C. and the sentence passed thereon by the Trial Court but the Hon'ble Justice Narayan Chandra Sil had been pleased to modify the conviction and sentence of the appellant passed by the Ld. Trial Judge by finding the appellant guilty committing offence under Section 304 P I of the I.P.C. instead of under Section 302 I.P.C. and modifying the sentence accordingly to suffer Rigorous Imprisonment for a term of 10 years and also to pay a fine of Rs. 5000/- in default to suffer further rigorous imprisonment for six months.

(3.) Heard the Ld. Advocates for the Appellant and the Ld. Public Prosecutor for the state. Perused and considered the records including the aforesaid Judgments referred to above.