LAWS(CAL)-2023-2-12

BASUDEB RAJBONSHI @ BASU Vs. STATE OF WEST BENGAL

Decided On February 09, 2023
Basudeb Rajbonshi @ Basu Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The appellant has preferred the present appeal against the judgement of conviction dated February 22, 2021 and the order of sentence dated February 23, 2021 passed by the learned Additional Sessions Judge, Fast Track Second Court, Purba Bardhaman in Sessions Trial No. 10 (06)/2018 arising out of Sessions Case No. 222 of 2018.

(2.) By the impugned judgement of conviction, the learned trial judge has convicted the appellant under Ss. 302/450/379/411 of the Indian Penal Code, 1860. By the impugned order of sentence, the appellant was sentenced to suffer rigorous imprisonment for life and also to pay a fine of Rs.10,000.00 in default to suffer further rigorous imprisonment for one year for commission of offence punishable under Sec. 302 of the Indian Penal Code, 1860; rigorous imprisonment for 8 years and also to pay a fine of Rs.5,000.00 in default to suffer further rigorous imprisonment for 3 months for commission of offence punishable under Sec. 450 of the Indian Penal Code, 1860; rigorous imprisonment for 3 years and also to pay a fine of Rs.1,000.00 in default to suffer further rigorous imprisonment for 3 months for commission of offence punishable under Sec. 379 of the Indian Penal Code, 1860; rigorous imprisonment for 3 years and also to pay a fine of Rs.1,000.00 in default to suffer further rigorous imprisonment for 3 months for commission of offence punishable under Sec. 411 of the Indian Penal Code, 1860.

(3.) Learned advocate appearing for the appellant has submitted that, the case of the prosecution against the appellant is based on circumstantial evidence. He has contended that, the circumstances relied upon by the prosecution is on the basis of the appellant being allegedly seen leaving the house of the victim on the date of the death.