AMAL BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In a trial held before the Learned Additional Sessions Judge (newly created) Sadar, Cooch Behar, the convicts, Amal Biswas and Nibaran Mondal were charged under Sections 302/34 and under Section 376(2)(g) IPC for allegedly gang raped, the victim, Mamuda Khatoon and then killed her. In the trial, learned judge found both of them guilty of the charges brought against them and, accordingly, passed an order of conviction.

(2.) Against their conviction under Section 376(2)(g) IPC, the trial court sentenced both of them to suffer imprisonment for life and to pay fine with default clause. Whereas for their conviction under Sections 302/34 IPC while the appellant, Nibaran Mondal was sentenced to life and to pay fine with default clause, however, the appellant, Amal Biswas was sentenced to death.

(3.) The Death Reference submitted before this court for confirmation of sentence of death passed against Amal Biswas, his appeal and the appeal preferred by the convict, Nibaran Mondal against their conviction and sentences are taken up for hearing together.