BAPAN GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant has assailed the judgement of conviction dated December 8, 2021 and the order of sentence dated December 9, 2021 passed by the learned Additional District and Sessions Judge 5th Court Malda, in Sessions Trial No. 06/2020 arising out of Sessions Case No. 51 of 2020.

(2.) By the impugned judgement of conviction, the learned Judge has found the appellant guilty to the charges under Sec. 302/376/201 of the Indian Penal Code, 1860. By the impugned order of sentence, the learned Judge has sentenced the appellant to life imprisonment and to pay a fine of Rs.10,000.00 and in default to suffer further rigorous imprisonment for six months for the offence committed under Sec. 302 of the Indian Penal Code, 1860. Learned Judge has sentenced the appellant to suffer rigorous imprisonment for ten years and to pay a fine of Rs.10,000.00 and in default suffer further rigorous imprisonment for another six months for the offence committed under Sec. 376 of the Indian Penal Code, 1860. The learned Trial Judge has sentenced the appellant to suffer rigorous imprisonment for three years and to pay a fine of Rs.5,000.00 and in default to suffer further rigorous imprisonment for another three months for the offence under Sec. 201 of the Indian Penal Code, 1860. All the sentences had been directed to run concurrently.

(3.) Learned advocate appearing for the appellant has submitted that, the prosecution did not produce any eyewitness to the incident. The prosecution has based its case on circumstantial evidence. According to him, various aspects of the chain of circumstance have not been established beyond reasonable doubt on behalf of the prosecution.