SUNIL GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 3/7/2008 and 4/7/2008 passed by the Ld. Additional Sessions Judge, 6th Fast Track Court, Malda in Sessions Trial No. 62 / 07 arising out of Sessions Case No. 173 / 07 whereby and whereunder while extending the benefit of doubt to 11 accused persons, he, however, found this appellant (Sunil Ghosh) guilty under Sections 302 / 201 of the Indian Penal Code and sentenced him to undergo imprisonment for life for the offence under Section 302 and to pay a fine of Rs. 2,000/- and also to suffer imprisonment for 7 years for the offence under Section 201 of the Indian Penal Code. Both the sentences were directed to run concurrently.

(2.) The case arises out of Ratua P.S. Case No. 123 / 04 registered on 12/8/04 and initiated on the basis of a written report submitted by one Subhas Ghosh, the complainant (P.W 2) naming this appellant along with Bharat Ghosh, Ram Ghosh, Laxman Ghosh, Dhananjay Ghosh, Abhay Ghosh, Kaltu Ghosh and others as accused.

(3.) The case was committed to the Court of Sessions and thereafter it was transferred to the Court of the Ld. Additional District and Sessions Judge, 6th Fast Track Court, Malda for trial and disposal. During the course of trial, as many as 16 witnesses were examined by the prosecution. P.W 1 is one Rekha Ghosh who is a neighbour of Kanchan Ghosh. She stated that Kanchan had died 3 years ago but she did not know the cause of her death. She was declared hostile.