TAPASHI GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant three appeals arise out of a common judgement dtd. 24/2/2005 and order of sentence dtd. 25/2/2005 as passed by the learned Additional Sessions Judge, 5thCourt, Barasat, North-24-Parganas, in Sessions Trial No. 2(2)2003 arising out of Sessions Case No.30(9)2002 whereby and whereunder the said trial court found the present three appellants and one Biswanath Dey guilty under Ss. 363/364A/120B of the Indian Penal Code and thus sentenced all the aforementioned convicts to suffer R.I for 7 years each and to pay a fine a of Rs.2000.00 each i.d to suffer S.I for 2 months more each for the offence committed by them under Sec. 363 IPC. By the self same judgement the said trial court also sentenced the said four convicts to suffer imprisonment for life each and to pay a fine of Rs.5000.00 each i.d to suffer S.I for five months each for committing the offence by them under Sec. 364A and the said four convicts were further sentenced to suffer R.I for 6 months each and to pay a fine of Rs.200.00 each i.d to suffer SI for two days each for the offence committed by them under Sec. 120B of the Indian Penal Code.

(2.) Out of the aforesaid four convicts, three convicts except Biswanath Dey preferred the instant three appeals challenging the self same judgement and the order of sentence dtd. 24/2/2005 and 25/2/2005 respectively as passed by the learned trial court as referred to above.

(3.) Since all the three appeals have arisen out of the self same judgement and since in these three appeals identical questions of facts and laws are involved we propose to dispose of the instant three appeals by a common judgement.