SANDIP GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The captioned appeals, by lifers, are directed against the self-same judgment and order dtd. 12/8/2009 passed by the Additional Sessions Judge, Fast Track Court No.5, Barasat, North 24 Parganas in connection with Sessions Trial No. (01(07)/2007 arising out of Sessions Case No. 05(03)/2007.

(2.) In the Trial Court the appellants Saheb Das and Sandip Ghosh were convicted under Ss. 302/201 read with Sec. 34 of the Indian Penal Code, 1860 (hereinafter, 'the IPC') for having committed murder of one Anindya Rudra (hereafter referred to as 'the victim') and the appellant Sukumar Karmakar was convicted under Ss. 302/201 read with Sec. 34 of the Indian Penal Code. They were sentenced to suffer rigorous imprisonment for life besides imposing a fine of Rs.10,000.00 under Sec. 302/34 IPC and in default of payment of fine they are to suffer rigorous imprisonment for one year each. The appellants Saheb Das and Sandip Ghosh were also sentenced to suffer rigorous imprisonment for seven years and with fine of Rs.5,000.00 in default, to suffer the imprisonment for a term of six months for the offence punishable under Sec. 201/34 IPC. Hence, these appeals.

(3.) The prosecution case, in nutshell, is as follows: -