SANTOSH KUMAR CHAMARIA Vs. STAE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the order of conviction and sentence recorded by the learned Sessions Judge, 10th Bench of the City Sessions Court at Calcutta in connection with Sessions Trial No. 1(4) of 1996 corresponding to Sessions Case No. .44 of 1995.

(2.) All the three appellants faced charges under Section 348 and also under Section 302/34 of the I. P. C. and after conclusion of trial, the learned Sessions Judge convicted all the appellants under Section 348 and also under Section 306/34 of the I. P. C. and they were sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs.5,000/- in default to suffer simple imprisonment for five months for the offence under Section 306/34 of the I. P. C. and they were also sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.1,000/- in default to suffer simple imprisonment for 30 days for the offence under Section 348 of the I. P. C.

(3.) The prosecution case in brief was that one Mahendra Singh was a darwan under the appellants in respect of their godown-cum-office and on 25.2.1995 at about 8 a.m. in the morning said Mahendra Singh was found hanging in a kitchen attached to the godown-cum-office of the appellants situated at 119B, M. G. Road.