BISWAJIT ROY Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is preferred by the appellant assailing the judgement, order of conviction and sentence dated April 27th,2009 and April 28th,2009 respectively passed by the learned Additional District and Sessions Judge, Fast Track 5th Court, Malda in Sessions Trial No. 71(12) of 2007 arising out of Sessions Case No. 321 of 2007. By virtue of the impugned judgement and order appellant was found guilty of the offence punishable under section 302/201 of I.P.C. and convicted and sentenced to suffer rigorous imprisonment for life with fine of Rs. 2000/- in default simple imprisonment for two months for committing offence under Section 302 IPC and to also suffer rigorous imprisonment for 7 years with fine of Rs. 1,000/- in default simple imprisonment for one month for the offence under Section 201 IPC and both the offences were directed to run concurrently and the period of detention undergone to be set off as per provisions of law while the accused Biswajit Das and Sibani Roy were acquitted under section 235(1) Cr.P.C. as found not guilty of the offence punishable under section 302/201 of I.P.C.

(2.) The prosecution case, in brief, is as follows:-

(3.) On the basis of that complaint, a case being Gazole P.S. Case No. 79/2007 dated May 27th, 2007 under section 302 I.P.C was started against unknown person investigation ensued and on completion of investigation charge sheet was submitted against the appellant and two others namely Sibani Roy and Biswajit Das under Section 302/201/120B/34 IPC.