NITU DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant is the sole convicted person, from amongst the four accused persons, in Sessions Trial No. 3(1)/2008, in the Court of Additional Sessions Judge, Fast Track, 3rd Court at Malda. The appellant has been convicted for an offence punishable under Sec. 304-II IPC and Sec. 324 IPC. He has been awarded sentence to suffer rigorous imprisonment for six years and also for payment of fine Rs.2,000.00 in default of which he has to suffer rigorous imprisonment for a further period of two months, for commission of offence under Sec. 304-II of the IPC. Simultaneously, the Court has awarded him sentence to suffer rigorous imprisonment for six months and Rs.1,000.00 as fine for the offence under Sec. 324 IPC, in default of which he has to suffer a further period of rigorous imprisonment for one month.

(2.) The appellant, in this appeal has challenged the legality and propriety of the said judgment of the trial Court and the order of conviction dated March 18, 2011 and March 22, 2011 respectively.

(3.) In spite of the mater being a fairly old one, i.e, pertaining to the year 2011 and the appellant having been provided with sufficient opportunity to represent in this case, he has not been represented. Under such circumstances the Court appointed Ld. Amicus Curiae to assist to dispose of this appeal. State is represented through Mr. Pravash Bhattacharyya, ld. Advocate.