STATE OF WEST BENGAL Vs. SANKAR SUNDAR DUTTA

JUDGEMENT

(1.) In connection with Sessions Trial 1(3)/1999, Sankar Sundar Dutta, Pranab Nag, Subhasish Mukherjee and Badal Mukherjee faced charges under Section 302/307/34 of the IPC and Badal Mukherjee and Subhasish Mukherjee faced charge under Section 25(1)(B)(a) of the Arms Act while Sankar Sundar Dutta and Pranab Nag faced charge under Section 3 of the Explosive Substances Act before the learned Additional Sessions Judge. 6th Court, Alipore in the district of 24-Parganas (South),

(2.) The learned Additional Sessions Judge by the judgment and order dated 30th August, 2001 recorded an order of acquittal under Section 302/307/34 of the IPC in favour of the accused persons and similarly, Sankar Sundar Dutta and Pranab Nag were acquitted of the charge under Section 3 of the Explosive Substances Act and Subhasish Mukherjee of the charge under Section 25(l)(B)(a) of the Arms Act, but, Badal Mukherjee was found guilty under the same charge of the Arms Act and he was sentenced to suffer simple imprisonment for three years and to pay a fine of Rs. 5,000/-, in default to suffer simple imprisonment for six months more.

(3.) The Statof West Bengal being aggrieved by and dissatisfied with the order of acquittal preferred this appeal. It is pertinent to mention that Badal Mukherjee did not prefer any appeal against his conviction under Section 25(1)(B)(a) of the Arms Act.