SAIDUL SK. Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) At the inception, learned advocate for the State, submits a report which was directed to be submitted before this court for ascertaining the genuinity of the death certificate in respect of the appellant/Nektar Sk. The officer-in- charge of Bhagwangola P.S., Murshidabad, has, on an enquiry, affirmed that the appellant has expired on 27th of March, 2021. To that effect, a report has been submitted. Let the same be kept with the record.

(2.) Accordingly, as submitted earlier, learned advocate for the appellant no.3 i.e., Nektar Sk. do not intend to proceed with the appeal, as the same is abated on the death of the appellant. As such, the appeal is proceeded against Saidul Sk. (appellant no.1), Mithun Sk. (appellant no.2), Rejaul Sk. (appellant no.4) and Tanjura Bibi (appellant no.5).

(3.) The present appeal has been preferred against the Judgment and Order of conviction and sentence dtd. 16/4/2019 and 17/4/2019 passed by the learned Additional Sessions Judge, First Fast Track Court, Lalbagh, Murshidabad in Sessions Trial No. 10 (March), 2016 arising out of Sessions Serial Case No. 09 of 2016, wherein the learned trial court was pleased to hold the appellants guilty and sentenced them as follows: