AMIN SK. Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) I am hearing this appeal as against the judgment and order of conviction dated 26th June, 2014 passed by the learned Additional Sessions Judge, Jangipur, within the District of Murshidabad in Sessions Serial No. 176 of 2013 arising out of Sessions Trial No. 03/May/2013 in which the learned Trial Court was pleased to convict the present appellant, before this Court in respect of the charge punishable under Sections 489B/489C of the Indian Penal Code (hereinafter called as the said Code). The Trial Court was pleased to impose the sentence in respect of the charge punishable under Section 489B of the I.P.C. to suffer rigorous imprisonment for five years and to pay fine of Rs. 5,000/ - and in default of payment of fine, the appellant -convict was also sentenced to suffer rigorous imprisonment for three months more. The appellant -convict was sentenced to suffer for three years in respect of the charge under Section 489C of the Code and he was also directed to pay fine of Rs. 3,000/ - and in default of payment of fine, he shall suffer rigorous imprisonment for two months.

(2.) IT may be mentioned that this case arose out of Suti P.S. Case No. 207 of 2012 dated 07 -05 -2012 and the F.I.R. was registered at 08.15 hours. At present the appellant is enjoying bail being released as such in CRAN No. 265 of 2015 dated 26 -03 -2015.

(3.) IT also revealed during the trial that after reaching that place of occurrence, P.W.1 collected two dis -interested witnesses, namely, Ibrahim Momin (P.W.5) and Tutul Sk. (P.W.6) respectively of village Sankarpur and Mahisasthali. Sankarpur is admittedly within Suti P.S. whereas Mahissathali is within Samsherganj P.S. of Murshidabad District.