SUBRATA NASKAR Vs. STATE OF W B

JUDGEMENT

(1.) These two appeals are at the instance of the convicted persons and are directed against order dated 28th October, 1998 passed by the learned Additional Sessions Judge, 6th Court, Alipur, Dist-24-Parganas (South) in Sessions Trial No. 4(ii) of 1995 thereby convicting each of the appellants to suffer life imprisonment for offence under section 302/34 of the Indian Penal Code and further rigorous imprisonment for seven years for the offence punishable under section 307/34 of the Indian Penal Code.

(2.) The learned Trial Judge further directed the appellants to pay a fine of Rs. 5,000/- each, for committing offence under section 307/34 of the Indian Penal Code. In default of payment, they were ordered to suffer further imprisonment for six months each. Such sentences were, however, directed to run concurrently.

(3.) The prosecution case is based on an FIR lodged by P.W.1, the brother-in- law of one Amar Sardar, the P.W. 4, at 10:50 p.m. on June 26, 1992. The case made out in the said written complaint may be summarised thus.