MONOJ SONI & ORS. Vs. STATE

JUDGEMENT

(1.) The instant appeals arise out of Sessions Trial No. 2 of July, 1988 in respect of Sessions Case No. 22 of 1988 which arose out of Burtolla P.S. Case No. 258 of 15.8.87. The Trial Judge was Seventh Bench of City Sessions Court. Calcutta. Five accused persons namely. (1) Ashok Das (2) Sankar Singh (3) Naresh Singh (4) Monoj Soni @ Laloo and (5) Dilip Das stood the trial. They were charged for the offence punishable under Sec. 302/34 Penal Code and Sections 3 and 5 of the Explosive Substances Act.

(2.) By his judgment and Order dated 12.12.90 the learned Judge. City Sessions Court found accused Ashok Das. Sankar Singh, Monoj Soni @ Laloo guilty of offence under Sec. 302 Penal Code and read with Sections 3 and 5 of the Explosive Substances Act for causing the murder of one Panchu Gopal Chatterjee of Ramesh Dutta Street, Calcutta. Of the said five accused persons the accused Naresh Singh and Dilip Das were acquitted of the charges under Sec. 302/34 Penal Code and also under Sections 3 and 5 of the Explosive Substances Act but the learned Sessions Court held them guilty of offence under Sec. 504 Penal Code.

(3.) The learned Sessions Court was pleased lo release accused Naresh Singh and Dilip Das on probation of good conduct in exercise of his power under section 360 Code Criminal Procedure read with the provisions of Offender's Act. But the accused Sankar Singh accused Monoj Soni @ La loo and accused Ashok Das were ordered to suffer sentence for life for the offence under Sec. 302/34 Penal Code and no separate sentence was passed against them for the offence under Sections 3 and 5 of the Explosive Substances Act