LAWS(CAL)-2024-3-29

OMAR ALI Vs. STATE OF WEST BENGAL

Decided On March 05, 2024
Omar Ali Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) In these three appeals the judgement of conviction dtd. 26/2/2010 and order of sentence dtd. 3/3/2010 as passed by Learned Judge, Special Court (EC Act)-cum-Additional Sessions Judge, Hooghly in connection with Sessions Trial No. 05 of 2005 (Sessions Case No. 149 of 2004) has been impugned. By the impugned judgement learned trial court found the present appellants guilty under Ss. 498A/302/201/34 IPC and thus convicted them to suffer R.I for three years each with fine of Rs.2,000.00 each i.d to suffer further R.I for six months for the offence committed by them under Sec. 498A IPC, R.I for life each with fine of Rs.10,000.00 each i.d to suffer further R.I for two years each for the offence committed by them under Ss. 302/34 IPC and to suffer R.I for three years each with fine of Rs.2000.00 each i.d. to suffer further period of R.I for six months each for the offence committed by them under Ss. 201/34 IPC with a further direction that all the three sentences would run concurrently. The convicts of the said trial felt aggrieved and thus preferred the present appeal.

(2.) It is pertinent to mention herein that during the pendency of the instant three appeals the appellant no.3 Rijia Bibi in CRA 180 of 2010 died and accordingly the said appeal stood abated as against her vide this Court's order dtd. 27/3/2023.

(3.) For effective disposal of the instant three appeals the facts leading to initiation of the aforesaid sessions trial is required to be discussed in a nutshell.