ANIL ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE instant appeal is directed against the Judgment and Order of conviction passed in Sessions Trial being no. 22 of 1989 passed by the Learned Additional Sessions Judge, 1st Court, Jalpaiguri on 30th January, 2008 and 31st January, 2008 holding the appellant guilty of offence punishable under Section 302/201 of the Indian Penal Code and as such the appellant was also convicted under Section 235(2) of the Code of Criminal Procedure to suffer rigorous imprisonment for life and to pay a fine of Rs.1,000/ - only in default to suffer rigorous imprisonment for three months for the offence punishable under Section 302 of the Indian Penal Code. He was also convicted and sentenced to suffer rigorous imprisonment for three years and also to pay a fine of Rs.1000/ - only in default to suffer further rigorous imprisonment for three months for the offence punishable under Section 201 of the Indian Penal Code. It was also ordered that both the sentences shall run concurrently.

(2.) PUT in a short frame, the prosecution case runs as under: -

(3.) REGARDING second accused namely Kartick Roy no charge -sheet was initiated and he was exempted. Thereafter the case was placed for trial before the Learned Additional Session Judge, 1st Court, Jalpaiguri who framed charges under Section 302 and under Section 201 of the Indian penal Code.