STATE OF WEST BENGAL Vs. SANJAY

JUDGEMENT

(1.) The Death Reference and the Criminal Appeal are arising out of the self-same judgement and order and accordingly were taken up for hearing together and disposed of by this judgement.

(2.) In a sessions trial held before the learned Additional District and Sessions Judge, Fast Track, 2nd Court, Alipore, South 24 Parganas, the appellant Sanjay @ Batul Halder was convicted on 3 counts - firstly under section 302 IPC and then under section 377 and section 201 IPC respectively. He was sentenced to death for his conviction under section 302 IPC and to suffer rigorous imprisonment for 10 years and 5 years respectively for his conviction under section 377 IPC and section 201 IPC. In addition to substantive sentence of imprisonment, he was also sentenced to pay fine with default clause. It was directed that both the sentences for his conviction under section 377 IPC and section 201 IPC shall run concurrently.

(3.) In the trial, the appellant was charged under section 302 IPC, section 377 IPC and section 201 IPC for committing murder by intentionally causing death of one Babusona @ Hansa, aged about 13 years, his step son and for having carnal intercourse against the order of nature with him and for causing disappearance of evidence of unnatural offence.