SWAPAN KUMAR KHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been directed as against the judgment and order dated 10.07.2003 and 11.07.2003 as passed by Additional Sessions Judge, Sealdah, District South 24-Parganas, in Sessions trial No.1 (1) of 2003 arising out of Sessions case No.90 (6) of 2002 corresponding to G.R. case No.2687 of 2002 of the Additional Chief Judicial Magistrate, Sealdah.

(2.) In that Sessions Trial the Learned trial Court was pleased to convict all the four (4) accused persons before him namely 1. Swapan Kumar Khan 2. Rajat Pal 3. Anwar Ahmed and Parvez Khan for the offence punishable under Sections 394 and 397 of the Indian Penal Code (henceforth called as the said code) Swapan Khan, Parvez Khan and Anwar Ahmed were also convicted in respect of the offence punishable under Section 412 of the said code.

(3.) The Learned trial Court imposed a sentence of 10 years rigorous imprisonment on the four (4) accused persons for the offence punishable under Section 394 of the said code and also directed to pay a fine of rupees one thousand (Rs.1000/-) each and in default to undergo further rigorous imprisonment for one month each. The Learned Trial Court further sentenced all those four (4) accused/convicts to suffer rigorous imprisonment for seven (7) years each for the offence punishable under Section 397 of the said code. The Learned trial Court was further pleased to sentence the three accused persons namely, 1. Swapan Khan 2. Parvez Khan and Anwar Ahmed to suffer rigorous imprisonment for five (5) years and also to pay fine of Rupees Five hundred (Rs.500/-) each in default to further rigorous imprisonment for one month for the offence punishable under Section 412 of the said code. All the convicts were allowed to get the privilege of set off under Section 428 of the Criminal Procedure Code. The Learned trial Court further ordered that all the sentences imposed on the convicts will run concurrently. During the pendency of this appeal convict Anwar Ahmed alias Bihari absconded.